Note: Changes from General Terms & Conditions V2.14 to V2.15

  • Slight update in wording to section 9.4 to clarify on the entry requirements for late registrations. 
  • Slight refinements made to clauses 9.6 and 9.7 to improve the accuracy of the statements made.

1.

General Information

  1. These Terms and Conditions (“The Agreement”) must be carefully read and accepted by you (the “User” or “You”) in its entirety prior to your use of our service or product. Latest version is 2.15, last update was on 18.04.2023. Please note that the Agreement constitutes a legally binding agreement between you and Uptick Entertainment Malta Limited (referred to herein as "Us", "We" or the “Company”) which owns and operates the Internet site found at www.4poker.eu (the "Site") as well as the 4Poker gambling platform ("4Poker platform” or “4Poker”).
  2. The Service and the Site are operated by the Company which is established in accordance with Maltese Law. The Company was registered under the registration number C 97058, and has its registered office at Level G, (Office 1/0285), Quantum House, 75 Abate Rigord Street, Ta’ Xbiex XBX 1120, Malta.
  3. By entering into this Agreement, you acknowledge that the Company is part of a group of companies. As such, where used and the context allows, the term "Group" means the entire group of companies together with its subsidiaries and any holding company of the Company and any subsidiary of such holding company and any associated company with the Company.
  4. The Company is licensed and regulated by the Malta Gaming Authority (MGA) on 30.09.2022. with the licence number MGA/B2C/842/2020 and is therefore authorised to offer Type 3 gaming services for the Peer-to-peer poker gaming vertical.
  5. “Games”, the “Games” or “Game” is referred to as any of the gaming products offered by us. Subject to the terms and conditions contained herein the Company grants the User a non-exclusive, personal, nontransferable right to install and use the Software on your PC or Device, as the case may be, in order to access our servers and play the poker games available (the Software and Games together being the "Service"). For the purposes of this Agreement, the definition of "Software" will include both the Company’s software downloadable to your personal desktop or laptop computer ("PC") from the Site, as well as all ancillary software to the poker software (whether web-based software or client/server software).
  6. Remote gambling may be illegal in certain jurisdictions. It is your responsibility to know whether your participation in the Games is legal in the jurisdiction where you are located, and you agree to comply with all country, province, state, and local laws when using the Service. The Company makes no representation as to the legality of its online gambling service in such jurisdictions and further shall not be liable for any reimbursement including but not limited to any losses, damages, legal costs, and compensation requests arising from any claims over the legality of offering services in such jurisdictions. The Company shall have the right to claim for any losses incurred (including legal costs) arising out of such claims. The Company also reserves the right to prohibit play from certain jurisdictions at its sole discretion. This agreement is governed by the laws of Malta and shall be interpreted in accordance with these laws.
  7. The Company, its Group companies and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organisation are protected by copyright, trade secrets, intellectual property, and other rights. You may not within the limits prescribed by applicable laws:
    • Copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
    • Sell, assign, sublicense, transfer, distribute or lease the Software;
    • Make the Software available to any third party through a computer network or otherwise;
    • Export the Software to any country (whether by physical or electronic means); or
    • Use the Software in a manner prohibited by applicable laws or regulations.
    • Each of the above listed points constitutes an "Unauthorised Use". The Company, its Group companies and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
  8. There is only one version of these Terms and Conditions. These Terms and Conditions may be published in a number of languages, reflecting the same principles, for information purposes and to help users. It is however only the English version that is the legal basis of the relationship between you and us. In case of any discrepancy between the English version and the non-English version of these Terms and Conditions, the English version shall prevail.
  9. The Company reserves the right to make changes to these Terms and Conditions at any time without notice. Where the changes are material changes, the Company will inform You in advance about such changes and when You next log into the Service, You will be asked to accept the revised Terms and Conditions. If You refuse to accept, You will be prohibited from using the Company’s Service. However, You will be allowed to withdraw funds from your account balance.
  10. You are responsible for reviewing these Terms and Conditions regularly to ensure that they agree with terms governing the placing of wagers. It is also recommended to review these Terms and Conditions each time You use the Service.
  11. These Terms and Conditions become applicable when You register and confirm your registration details in the registration process at the Service. By registering an account with the Company, You agree that you have read these Terms and Conditions and accept them.

2.

Your Obligations

  1. In order to participate in games for money, you must be over 18 years of age or comply with a higher minimum legal age stipulated in the jurisdiction of your residence under the laws applicable to You. We reserve the right at any time to request from You evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, the User, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we, the Company, suspect that you are underage.
  2. You are not currently on any list of persons that would prohibit the Group from engaging in business or other dealings, or otherwise offering the Service to You. You are not prohibited due to your geographic location or otherwise from receiving funds from the Group. In particular, You are not located in Cuba, Ivory Coast, Iran, Iraq, Myanmar, Sudan, USA and Zimbabwe or any other jurisdiction where Your participation would be in conflict with any applicable law (“prohibited countries”). You may not access the Services from any such country and if You are identified as such, the Group may immediately terminate your account and all access to any of the Services.
  3. You are solely responsible for the account details such as username and password or any other linked email address used as a means to access your account using the Service. You are also responsible for the security of any personal computer or device on which you register your account and from which your account may be accessed. In case there is a suspicion that such information should have been compromised, You must inform the Company and take proper actions to prohibit or prevent any unauthorised access to any part of your account or funds. We shall not be responsible for any unauthorised use of your account when we are not at fault.
  4. You warrant that any names or images used by you in connection with the Site or Service (for example, your username and avatar) shall not infringe the intellectual property, privacy, or other rights of any third party. You hereby grant the Company and its Group a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Site or Service, subject to the terms of our Privacy Notice.
  5. You may only use the Games on your own behalf and not on the behalf of any other person or company.
  6. You may only participate in the Games strictly in your personal capacity for recreational and entertainment reasons only.
  7. You are hereby informed that employees of the Company may from time to time play the Games where required and necessary to test the quality of the product environment or any other reasons as may be required. Such employee accounts shall be clearly distinguishable, and this will be done in line with the Company’s internal policies and procedures. Any such play will be conducted solely between employees of the Company.
  8. You are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf) or to transfer, sell and/or acquire, user accounts. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your User Account, and that all rights in and to your User Account shall forever be owned by and inure to the benefit of the Company.
  9. You may participate in any Games only if You have enough funds in your Account for such participation.
  10. You may not use funds that are tainted or associated with any illegality or originates from any illegal activity or source.
  11. You are solely responsible for reporting and accounting for any taxes or other fees applicable to you under the relevant laws for any winnings that you receive from Us.
  12. In relation to deposits and withdrawals of funds into and from your User Account, You shall only use such payment methods and other financial instruments that are valid and lawfully belong to You.
  13. You must not be involved in any fraudulent, collusive behaviour (including but not limited to sharing hole cards), fixing or any other unlawful activity in relation to Your and third parties’ participation in any of the Games.
  14. We reserve the right, in addition to other measures, to restrict seating and/or to prohibit users from playing at a particular poker table or in a tournament, including restricting two or more users from playing together at the same table or in the same tournament. In addition, We reserve the right to consider any collusion between Users as a material breach of this Agreement and accordingly We shall have the right to terminate a User Account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt. Should such termination occur in accordance with this Clause, We reserve the right to confiscate funds from the said behaviour.
  15. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer chips or funds to another User. Any User who participates or attempts to participate in chip-dumping with any other User while utilising the Service may be permanently banned from using the Service and their User Account may be terminated immediately. In such circumstances we will be under no obligation to return or credit to You any funds that may be in your User Account at such time. Should such termination occur in accordance with this Clause, We reserve the right to confiscate funds from the said behaviour.
  16. We prohibit third party assistance tools and software (TPA) that provide an "unfair advantage" to users. We consider "TPA Tools" to be items such as, but not limited to computer software, websites, and reference materials. We prohibit the use of the following TPA tools whilst the Software is running (including but not limited to):
    • Tools or services that builds up a database of opponents' past tendencies, regardless if the player was dealt into the hand or not;
    • Tools or services that can be used to remotely access or share a player’s screen with others;
    • Tools or services that disguises the device used and it’s installed operating system;
    • Tools or services that assists a player in seating, registering for games or game selections;
    • Tools or services that assists a player in taking actions or sizing bets;
    • Any other tool or service deemed by our Game Integrity Team to provide players with an unfair advantage.
    • If any User is unsure if a specific tool, service, or program is allowed while having the Software running or what constitutes an “unfair advantage” in the context of TPA Tools, then they should contact 4Poker Support for more information.
  17. Use of robot applications (commonly referred to as ‘bots’) to make playing decisions and/or provide playing guidance, or the use of artificial intelligence and/or any machine learning application in conjunction with the use of this Service is strictly prohibited. The Company reserves the right to consider any use of the aforementioned applications as a material breach of this Agreement and accordingly shall have the right to terminate a User account in the event whereby a User engages or attempts to engage in any such activity, regardless of the outcome of such an attempt. Should such termination occur in accordance with this Clause, the Company reserves the right to confiscate funds from the said behaviour. All actions taken in relation to the Service by a User must be executed personally by users through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.
  18. The use of a VPN connection or Proxy server is monitored. We reserve the right to request You to supply Us with information and/or documentation in connection with Your VPN/ Proxy server usage and We retain the right to block the User Account and funds held thereon, based on the Company’s assessment of the activity in question.
  19. You agree that we may take steps to detect and prevent the use of prohibited TPA Tools and bots. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on your computer. You must not attempt to bypass, interfere with, or block such steps, including, without limitation, through the use of third-party software.
  20. You may only use the Software for your own personal, recreational use in accordance with rules and terms and conditions we have established and in accordance with all applicable laws, rules and regulations.
  21. You shall be courteous to other users using the Service and the Site as well as support personnel employed by the Group and avoid rude or obscene comments. You must not post unlawful, indecent, racist, obscene, libellous, defamatory, or threatening material, or any material that would violate any law or generally be considered to be an offensive, via the Service (including when using the chat function, the user images option or correspondence with the Group’s staff.
  22. The Company reserves the right to restrict or deny access, totally or partly, to the user account, at its own discretion. In the event that we deem that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service or the Site, including without limitation, engaging in any of the activities set forth herein this Agreement or any other game manipulation, we shall be entitled to take such action as we see fit, including but not limited to:
    • Immediately blocking a User's access to the Service,
    • Seizing funds held in the User’s Account,
    • Terminating User’s Account; and/or
    • Taking legal action against a User.

3.

Your Account

  1. In order for you to be able to place bets and deposit money, you must first register personally with Us and open a User account (“User Account”).
  2. You may only have one User Account with 4Poker which must be registered in Your name and using accurate and truthful personal information. If You attempt to open more than one account, all accounts You try to open may be blocked or closed and any bets, wagers, or payment of tournament registrations may be voided without notice.
  3. You will need to provide us with certain personal details about yourself (including details regarding your methods of payment). You agree that all information that you give us, such as but not limited to, valid identification, date of birth, address, email and a clear passport photograph, during the term of validity of this agreement is complete, true, correct and that you will immediately notify the Company of any changes to such information. It is Your sole responsibility to ensure that the information You provide is true, complete and correct and You hereby represent and warrant to Us that the information provided is true, complete and correct.
  4. You are required to update and keep up to date the mandatory information provided in the registration form in the event such information changes.
  5. If You notice that You have more than one registered User Account, You must notify us immediately. Failure to do so may lead to your User Account being blocked for access.
  6. As part of the registration process, You will have to choose your username and password for your login into the Service. It is your sole and exclusive responsibility to ensure that your login details are kept securely. You must not disclose your login details to anyone and must not permit another person to use the Service via your User Account. We are not responsible for any abuse or misuse of your User Account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party.
  7. We reserve the right to refuse or close a User Account at our sole discretion, but any contractual obligations already made by the Company shall, without prejudice to any rights available at law to Us, be honoured accordingly.
  8. If You wish to close your User Account, You may do so at any time, by contacting customer support in written form. The effective closure of the User Account will correspond to the termination of the Terms and Conditions. In case the reason behind the closure of the User Account is related to concerns about possible gambling addiction You shall indicate it accordingly.
  9. Where a User Account is closed, related information about the account will be retained in accordance with the Privacy Notice here: https://4poker.eu/privacy-policy/. Related information includes username, address, phone, email and account transactional details.

4.

Deposits into your Account

  1. We will assign minimum deposit levels and maximum deposit levels as specified in the Service.
  2. Depositing funds into your User Account is made by use of any of the methods specified in the Service, as may be amended from time to time.
  3. Deposited amounts are available on the User Account within a reasonable time period after the confirmation of the deposit unless extra verification procedures are needed as stated in clause (4.4).
  4. We reserve the right to use additional procedures and means as well as request from You evidences to verify your identity and other data provided by You (Know Your Customer) at any time. We reserve the right to perform identity checks on a User, with third party services, using the information provided to Us by a User upon registering a User Account with the Service. You are hereby notified that We carry out verification procedures, whether by ourselves or through third parties on depositing customers. You may be requested to supply Us with documents of the deposit stage and/or the withdrawal stage (or both) or at any other stage at the sole discretion of Company, such as a copy of Your passport or other identification documentation as part of Our Know Your Customer (KYC) procedures. We may also request any documentation previously provided which would have later on expired or would no longer be valid for any reason, or to request any additional KYC documentation for any reason and at any time. Your User Account may be blocked or closed if You do not provide requested information or documents or if such information or documents you provide is/are found false or misleading. We reserve the right to close Your User Account and withhold any funds held in Your User Account until the verification process is complete. If on completion of Our verification checks, You are shown to be underage: (1) We shall return all deposits to You and no winnings will be paid; (2) All transactions made whilst You were underage will be made void, and all related funds deposited by You will be returned by the payment method used for the deposit of such funds, wherever practicable; and (3) Your Member Account will be closed.
  5. If We mistakenly credit your User Account with winnings that do not belong to You, whether due to a technical or human error or otherwise, the amount will remain the property of the Company and the amount will be transferred from your User Account. If prior to the Company becoming aware of the error You would have withdrawn funds that do not belong to You, without prejudice to other remedies and actions that may be available at law, the mistakenly paid amount will constitute a debt owed by You to the Company. In the event of an incorrect crediting, You are obliged to notify the Company immediately by email.
  6. The minimum deposit amount is dependent on the payment instrument and currency selected. The Company reserves the right to increase the minimum deposit requirement at its discretion.
  7. We accept payments made in EUR, USD or other currencies as notified on the Site or in the Service from time to time. In case your payment account (i.e. your card/bank account or your eWallet account) is in a different currency, the Company, or your card/bank/eWallet provider as the case may be, might convert the funds to the relevant currency before depositing it to your account. Where the currency of the funds you withdraw from your User Account is different to the currency of you card/bank/eWallet currency, as the case may be, a currency exchange will apply. Please note any currency exchange premiums are payable by You. In case the currency exchange is performed by the Company, we will display the currency exchange rate offer by Us in the Software before you confirm the withdrawal.
  8. The Company reserves the right to use additional procedures and means to verify your identity both before and after effecting deposits into your User Account. It is unlawful to deposit funds from ill-gotten means.
  9. The Company shall deem an Account which has been dormant for an uninterrupted period of 12 (twelve) months as inactive. Should Your Account become inactive, the Company shall make all the necessary attempts to return any remaining funds back to You, and in the event whereby this is not possible, and no contact is made by You to receive the remaining balance for a period of 5 (five) consecutive years, the Company reserves the right to donate Your balance to a charity in the Responsible Gaming field.

5.

Withdrawals

  1. Any deposited funds, with the exception of winnings in excess of the deposited funds, shall automatically be remitted back to the same originating payment method from which the funds paid into the User’s account originated. It this is not possible, alternative withdrawal methods may be considered. The Company reserves the right to take all necessary measures to confirm all payment method ownership details. This will be done within a reasonable time frame.
  2. Details in respect to the timings for withdrawals in relation to the method utilised are available on the relevant screens in the Service as these may be amended from time to time.
  3. The Company shall perform customer verification procedures upon the first withdrawal/outgoing player-to-player transfer and no later than EUR 2000 (two thousand Euro) in cumulative deposits over a rolling period of 180 (one hundred eighty) days. We further reserve the right to carry out such verification procedures in case of lower deposits or withdrawals. Such verifications may, for example, include copies of a User’s passport and/or copies of a User’s utility bills.
  4. The timeframe for a withdrawal to be finalised may vary due to different circumstances, however a withdrawal attempt should be approved or denied within 24 (twenty-four) hours. The time for the funds to arrive at your User Account or payment instrument may be instant but, on some occasions, can take up to 3 (three) business days depending on the geographic location of Your payment instrument. A User shall be informed about the corresponding reasons for any such delays.
  5. Kindly be aware that our products are consumed instantly during gameplay. Thus, We cannot provide refunds, returns of goods, or cancellation of your service when playing. If You play a game with real money, the money will be drawn from your User Account instantly.
  6. The Company is not a banking institution, and You are not to expect any interest.
  7. The Company reserves the right to perform due diligence checks should You request a withdrawal without a User Account turnover, and whereby third party and/ or payment service provider fees are applicable for such withdrawals, these shall be covered by You.

6.

Player-to-Player transfers

  1. The Company facilitates the player-to-player transfer facility exclusively for the purpose of staking Poker play on this site and/or returning the proceeds which have originated from a previous stake received on the site. Staking is placing funds up on behalf of another User with the agreement that that they will receive a share of any winnings or prize. Any other forms of player-to-player transfers outside the receipt of a stake/ reimbursement of proceeds originating from a received stake, are prohibited and where identified shall not be accepted/ processed by the Company.
  2. Funds received by a player-to-player transfer must be used for Poker play on this site. You cannot withdraw funds received directly from a player-to-player transfer unless such funds are the proceeds of a stake previously provided on the site to another player; winnings arising from playing Poker with the transferred funds that subsequently contribute to a withdrawal request will be reviewed in accordance with our internal policies and procedures.
  3. Access to the player-to-player transfer facility is subject to all applicable laws, rules, and regulations and is provided to the User at the discretion of the Company. The Company may request You to supply Us with information or documentation prior to allowing You to request/receive a player-toplayer transfer. The Company may request You to supply Us with information or documentation in relation to any player-to-player transfers requested, made, or received which may include the provision of any staking agreements, or similar, which may be in existence. Your User Account may be restricted or closed if You do not provide the requested information or documents or if such information or documents You provide is/are found false or misleading.
  4. You should ensure You know who the other User is before making any player-to-player transfer to them, and You are comfortable with the risks of transferring funds to another User as this may result in the permanent loss of funds.
  5. You should not utilise the proceeds of any player-to-player transfer into Your account from another User where the funds are unrelated to the staking of Poker play on this site and/or returning the proceeds which have originated from a previous stake received on the site. If such funds are received You should report the transfer to the Company without delay.
  6. The Company shall not be liable for any loss of User funds in the event whereby such funds are sent/ received without knowledge of the other User.
  7. We reserve the right to decline any player-to-player transfer request or to overturn any transfer upon suspicion of breach of any of the terms and conditions of this site or any other applicable regulatory requirements.

7.

General Conditions for Participation in Promotions

  1. The General Conditions for Participation in Promotions referenced in this Section are accessible via the Special offers page here: https://4poker.eu/games-and-promotions. As such, these General Conditions for Participation in Promotions are an integral part of this Agreement.

8.

Game Rules

  1. Game rules for participation in Games referenced in this Section are accessible via the Game Rules page here: https://4poker.eu/poker-rules. As such these Game Rules are an integral part of this Agreement.

9.

Exceptional Circumstances

  1. In the event of a server crash or other unexpected downtime on the 4Poker platform, We shall refund players as described below.   
  2. In cash games, all hands in progress at the time of disruption shall be rolled back, it will be considered by the Company as if the hand never happened, with all affected User balances restored to what they were at the start of the cancelled hand.
  3. Some tournaments offered on the 4Poker platform may have a guaranteed minimum prize pool. In tournaments with a guaranteed minimum prize pool, if the sum of player contributions to the prize pool is less than the set guarantee, the Company shall allocate funds to the extent it is necessary to the prize pool in order to cover the guaranteed amount. Tournament guarantees require that the full registration period for the tournament has elapsed. If late registration closes prior to the planned time or a tournament is cancelled for any reason prior to the close of registration, then the guaranteed prize pool does not apply and prize payments or equity refunds will be based solely on player contributions to the prize pool.
  4. Some tournaments offered on the 4Poker platform may enable registration after the event has begun (commonly known as “late registration”). If a tournament with late registration reaches a point at which the number of remaining players is equal to the number of places paid, then the late registration period may be closed and no additional players will be able to enter, irrespective of the late registration period listed in the tournament details. As stated in section 9.3, prize pool guarantees require that the full registration period has elapsed, so if that full registration period has not elapsed then the guarantee will be ignored, and the prize pool will consist only of player-contributed funds.
  5. Tournament Cancellation Policy: a) If a tournament is cancelled after it has begun, the Company will determine the moment the disruption began and use that moment to calculate all affected User’s equity. Note that not all players will necessarily experience the disruption at the same time.
    b) One of the following methods of equity calculation will be used:
    • i) If there are nine or fewer players remaining, then ICM (Independent Chip Modelling) will be used to determine each remaining player’s equity. The fee will also be refunded.
    • ii) If there are 10 or more players remaining, and if a tournament has more players remaining than there are places paid (if the tournament is not yet “in the money”) then 25% of the prize pool will be distributed equally amongst the remaining players, and the other 75% of the prize pool will be awarded according to chip equity. The rake fee (“the Fee”) will also be refunded.
      • Not “in the money" formula: Refund = [(Prize Pool * 0.25) / Number of Remaining Players] + [(Prize Pool * 0.75) * (Your Chip Stack / Total Chips in Play)] + the Fee
    • iii) If there are 10 or more players remaining, and if enough players have been eliminated from the tournament for it to have reached the paying positions ( if the tournament is “in the money”), then each remaining player is awarded the next scheduled prize amount, 25% of the remaining prize pool will be equally divided amongst the remaining players and the other 75% of the remaining prize pool will be awarded according to chip equity. The Fee will also be refunded.
      • “In the money” formula: Refund = Next scheduled prize + [(Remaining
        Prize Pool * 0.25) / Number of Remaining Players] + [(Remaining Prize Pool * 0.75) * (Your Chip Stack / Total Chips in Play)] + the Fee.
    • iv) If a tournament is cancelled before it begins, then all registered players will be refunded the Buy-in and Fee.
  6. The Company does not have responsibility for customer hardware failures, nor for localized ISP (Internet Service Provider) issues affecting an individual or group from a particular region. Generally such issues are local and not caused by Our service. Although We have no responsibility for these local issues, We nevertheless may evaluate them individually with an eye towards keeping the customer satisfied to an extent reasonably practicable.
  7. If a refund is decided upon, the amount of the refund shall be returned to the User Account in no more than 5 (five) working days where reasonably practicable, and the User shall be informed and the procedure finalised after the decision has been made.
  8. If a bonus campaign has in any way been misconfigured or awarded erroneously, We have the right to alter Users’ balances and account details to correct the error.
  9. If a game contains a bug or misconfiguration that causes incorrect behaviour or incorrect allocation of player funds, We have the right to remove the game and alter Users’ balances and account details to correct the mistake.
  10. The Company is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the game play. Refunds may be given solely at the discretion of the management.
  11. The Company shall accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Service, the Site or its content; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any persons’ misuse of the Site or its content or any errors or omissions in content.
  12. We reserve the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide You with notice where We consider it necessary to do so including (for example) for the management, maintenance or update of the Software and We shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision.

10.

Responsible Gaming

  1. You may at Your discretion choose to limit the amount You deposit. This limitation is administered and initiated with the use of the Software. The related functionality is located in “Responsible Gaming” menu item.
  2. You may at your discretion choose to limit your ability to access gaming services using your User Account for a time of a defined period of time, during which you will be able to log in to your account, but will not be able to make deposits, play any games or place any bets. This limitation can be initiated by contacting the customer support or with the use of the Software, the related functionality is located in “Responsible Gaming” menu item. After activation, the limitation is administered by contacting the customer support.
  3. Any exclusion implemented shall only be removed upon expiry of the set duration.
    If You wish to apply a more stringent a limit or increase the duration of the self-exclusion, such changes shall be effective immediately upon receipt of such notice.
  4. If You wish to make a limit less stringent, this shall become effective only after the lapse of not less than 7 (seven) days from notification.

11.

Privacy Notice

  1. The Privacy Notice which can be accessed here, https://4poker.eu/privacy-policy/, is an integral part of this Agreement.

12.

Anti-Money Laundering

  1. It is unlawful to deposit illicit funds. As such, the Company does not accept unlawfully deposited funds, and has the right to apply all legal remedies at its disposal to prevent and combat illegal activities.
  2. All transactions shall be checked in order to prevent money laundering. The Company shall report any suspicious transactions to the relevant competent authorities in Malta. If the Company becomes aware of any suspicious activity relating to any of the Games, the Company must report this to the relevant authorities immediately. The Company may suspend, block or close a User Account and withhold funds if requested to do so in accordance with the Prevention of Money Laundering Act.

13.

User Complaints

  1. The User accepts that the historical data of each game shall be as recorded on the Company's servers. In the event of a discrepancy between the cards displayed on your computer and the game records on our server the latter shall prevail. The User accepts that all features of the Software relating to hand history shall not be considered as the official historical record of any hand.
  2. The Company will endeavour to make a User’s experience with Us an enjoyable one, however, there may be occasions where a User may feel dissatisfied with the quality of our product/s or of our customer service. A User may raise a complaint by addressing an email to [email protected]. The outcome of the complaint will be communicated to you within 10 days from the date of receipt. In certain cases, this timeframe can be further extended by another 10days.
  3. Should You not be satisfied with the way your complaint was resolved or handled you may escalate directly to the Malta Gaming Authority by sending them an email on [email protected]
  4. In the event that your complaint has not been resolved through the above procedures, You may wish to bring a claim before the eCogra as a registered Alternative Dispute Resolution. The eCogra claim form can be accessed via the following link: https://ecogra.org/forms/adr-dispute-step-1. Provided that eCogra does not classify the action as vexatious or frivolous then the Company shall bear the entire costs of the action.

14.

Limitation of Liability

  1. The telecommunications networks and Internet access services required for You to access and use the Service are entirely beyond our control and We shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.
  2. Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that your use of the Service is at your sole option, discretion and risk. The Service is provided without any warranty whatsoever, whether express or implied.
  3. Without prejudice to the generality of the preceding clause, We, our directors, employees, partners, service provides:
    • Do not warrant that the Software, the Games and the Site are fit for their purpose;
    • Do not warrant that the Software, the Games and the Site are free from errors;
    • Do not warrant that the Software, the Games and the Site will be accessible without interruptions;
    • Shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of the Service, the Site or your participation in the Games.
  4. You understand and acknowledge that, if there is a malfunction in a Game or its interoperability, any bets/wagers made during such malfunctioning shall be void. Funds obtained from a malfunctioning Game shall be considered void, as well as any subsequent game rounds with said funds, regardless of what Games are played using such funds.
  5. Under no circumstances, including negligence, shall any member of the Group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service by the User.
  6. You hereby agree to fully indemnify and hold harmless the Company, our directors, employees, partners and service providers for any cost, expense, loss, damages, claims and liabilities which arise as a result of:
    • Your breach of this Agreement, in whole or in part;
    • A violation by You of any law or any third-party rights; and
    • Use of the service by any other person accessing the Service using your login credential whether or not such use has been carried out with your authorisation.

15.

Breach, Penalties and Termination

  1. If You breach any provision of these Terms and Conditions or we have a reasonable ground to suspect you have breached them, We reserve the right to not open, to suspend, or to close your User Account.
  2. If we suspect You are engaged in illegal and/or fraudulent activities when using the Service or the Site; or in breach of this Agreement, or You are having problems with creditors or otherwise detrimental to our business, We may freeze or terminate your User Account, confiscate funds, or cancel any stakes at our absolute discretion.

16.

Miscellaneous

  1. No waiver by Us of any breach of any provision of this Agreement (including our failure to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
  2. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to any company within the Group.
  3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between You and Us.
  4. The User must provide full and truthful information in respect of all details and information requested by Us in connection with the User's use of the Service subject at all times to the terms of the Privacy Policy.

17.

Entire Agreement

  1. If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
  2. We reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.
  3. These Terms and Conditions constitute the entire agreement between you and us with respect to the Site and the Games or the Service, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.

18.

Applicable law and jurisdiction

  1. These rules are governed by the laws of Malta and the parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Maltese courts.

Note: Changes from General Terms & Conditions V2.14 to V2.15

  • Slight update in wording to section 9.4 to clarify on the entry requirements for late registrations. 
  • Slight refinements made to clauses 9.6 and 9.7 to improve the accuracy of the statements made.

1.

General Information

  1. These Terms and Conditions (“The Agreement”) must be carefully read and accepted by you (the “User” or “You”) in its entirety prior to your use of our service or product. Latest version is 2.15, last update was on 18.04.2023. Please note that the Agreement constitutes a legally binding agreement between you and Uptick Entertainment Malta Limited (referred to herein as "Us", "We" or the “Company”) which owns and operates the Internet site found at www.4poker.eu (the "Site") as well as the 4Poker gambling platform ("4Poker platform” or “4Poker”).
  2. The Service and the Site are operated by the Company which is established in accordance with Maltese Law. The Company was registered under the registration number C 97058, and has its registered office at Level G, (Office 1/0285), Quantum House, 75 Abate Rigord Street, Ta’ Xbiex XBX 1120, Malta.
  3. By entering into this Agreement, you acknowledge that the Company is part of a group of companies. As such, where used and the context allows, the term "Group" means the entire group of companies together with its subsidiaries and any holding company of the Company and any subsidiary of such holding company and any associated company with the Company.
  4. The Company is licensed and regulated by the Malta Gaming Authority (MGA) on 30.09.2022. with the licence number MGA/B2C/842/2020 and is therefore authorised to offer Type 3 gaming services for the Peer-to-peer poker gaming vertical.
  5. “Games”, the “Games” or “Game” is referred to as any of the gaming products offered by us. Subject to the terms and conditions contained herein the Company grants the User a non-exclusive, personal, nontransferable right to install and use the Software on your PC or Device, as the case may be, in order to access our servers and play the poker games available (the Software and Games together being the "Service"). For the purposes of this Agreement, the definition of "Software" will include both the Company’s software downloadable to your personal desktop or laptop computer ("PC") from the Site, as well as all ancillary software to the poker software (whether web-based software or client/server software).
  6. Remote gambling may be illegal in certain jurisdictions. It is your responsibility to know whether your participation in the Games is legal in the jurisdiction where you are located, and you agree to comply with all country, province, state, and local laws when using the Service. The Company makes no representation as to the legality of its online gambling service in such jurisdictions and further shall not be liable for any reimbursement including but not limited to any losses, damages, legal costs, and compensation requests arising from any claims over the legality of offering services in such jurisdictions. The Company shall have the right to claim for any losses incurred (including legal costs) arising out of such claims. The Company also reserves the right to prohibit play from certain jurisdictions at its sole discretion. This agreement is governed by the laws of Malta and shall be interpreted in accordance with these laws.
  7. The Company, its Group companies and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organisation are protected by copyright, trade secrets, intellectual property, and other rights. You may not within the limits prescribed by applicable laws:
    • Copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
    • Sell, assign, sublicense, transfer, distribute or lease the Software;
    • Make the Software available to any third party through a computer network or otherwise;
    • Export the Software to any country (whether by physical or electronic means); or
    • Use the Software in a manner prohibited by applicable laws or regulations.
    • Each of the above listed points constitutes an "Unauthorised Use". The Company, its Group companies and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
  8. There is only one version of these Terms and Conditions. These Terms and Conditions may be published in a number of languages, reflecting the same principles, for information purposes and to help users. It is however only the English version that is the legal basis of the relationship between you and us. In case of any discrepancy between the English version and the non-English version of these Terms and Conditions, the English version shall prevail.
  9. The Company reserves the right to make changes to these Terms and Conditions at any time without notice. Where the changes are material changes, the Company will inform You in advance about such changes and when You next log into the Service, You will be asked to accept the revised Terms and Conditions. If You refuse to accept, You will be prohibited from using the Company’s Service. However, You will be allowed to withdraw funds from your account balance.
  10. You are responsible for reviewing these Terms and Conditions regularly to ensure that they agree with terms governing the placing of wagers. It is also recommended to review these Terms and Conditions each time You use the Service.
  11. These Terms and Conditions become applicable when You register and confirm your registration details in the registration process at the Service. By registering an account with the Company, You agree that you have read these Terms and Conditions and accept them.

2.

Your Obligations

  1. In order to participate in games for money, you must be over 18 years of age or comply with a higher minimum legal age stipulated in the jurisdiction of your residence under the laws applicable to You. We reserve the right at any time to request from You evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, the User, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we, the Company, suspect that you are underage.
  2. You are not currently on any list of persons that would prohibit the Group from engaging in business or other dealings, or otherwise offering the Service to You. You are not prohibited due to your geographic location or otherwise from receiving funds from the Group. In particular, You are not located in Cuba, Ivory Coast, Iran, Iraq, Myanmar, Sudan, USA and Zimbabwe or any other jurisdiction where Your participation would be in conflict with any applicable law (“prohibited countries”). You may not access the Services from any such country and if You are identified as such, the Group may immediately terminate your account and all access to any of the Services.
  3. You are solely responsible for the account details such as username and password or any other linked email address used as a means to access your account using the Service. You are also responsible for the security of any personal computer or device on which you register your account and from which your account may be accessed. In case there is a suspicion that such information should have been compromised, You must inform the Company and take proper actions to prohibit or prevent any unauthorised access to any part of your account or funds. We shall not be responsible for any unauthorised use of your account when we are not at fault.
  4. You warrant that any names or images used by you in connection with the Site or Service (for example, your username and avatar) shall not infringe the intellectual property, privacy, or other rights of any third party. You hereby grant the Company and its Group a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Site or Service, subject to the terms of our Privacy Notice.
  5. You may only use the Games on your own behalf and not on the behalf of any other person or company.
  6. You may only participate in the Games strictly in your personal capacity for recreational and entertainment reasons only.
  7. You are hereby informed that employees of the Company may from time to time play the Games where required and necessary to test the quality of the product environment or any other reasons as may be required. Such employee accounts shall be clearly distinguishable, and this will be done in line with the Company’s internal policies and procedures. Any such play will be conducted solely between employees of the Company.
  8. You are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf) or to transfer, sell and/or acquire, user accounts. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your User Account, and that all rights in and to your User Account shall forever be owned by and inure to the benefit of the Company.
  9. You may participate in any Games only if You have enough funds in your Account for such participation.
  10. You may not use funds that are tainted or associated with any illegality or originates from any illegal activity or source.
  11. You are solely responsible for reporting and accounting for any taxes or other fees applicable to you under the relevant laws for any winnings that you receive from Us.
  12. In relation to deposits and withdrawals of funds into and from your User Account, You shall only use such payment methods and other financial instruments that are valid and lawfully belong to You.
  13. You must not be involved in any fraudulent, collusive behaviour (including but not limited to sharing hole cards), fixing or any other unlawful activity in relation to Your and third parties’ participation in any of the Games.
  14. We reserve the right, in addition to other measures, to restrict seating and/or to prohibit users from playing at a particular poker table or in a tournament, including restricting two or more users from playing together at the same table or in the same tournament. In addition, We reserve the right to consider any collusion between Users as a material breach of this Agreement and accordingly We shall have the right to terminate a User Account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt. Should such termination occur in accordance with this Clause, We reserve the right to confiscate funds from the said behaviour.
  15. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer chips or funds to another User. Any User who participates or attempts to participate in chip-dumping with any other User while utilising the Service may be permanently banned from using the Service and their User Account may be terminated immediately. In such circumstances we will be under no obligation to return or credit to You any funds that may be in your User Account at such time. Should such termination occur in accordance with this Clause, We reserve the right to confiscate funds from the said behaviour.
  16. We prohibit third party assistance tools and software (TPA) that provide an "unfair advantage" to users. We consider "TPA Tools" to be items such as, but not limited to computer software, websites, and reference materials. We prohibit the use of the following TPA tools whilst the Software is running (including but not limited to):
    • Tools or services that builds up a database of opponents' past tendencies, regardless if the player was dealt into the hand or not;
    • Tools or services that can be used to remotely access or share a player’s screen with others;
    • Tools or services that disguises the device used and it’s installed operating system;
    • Tools or services that assists a player in seating, registering for games or game selections;
    • Tools or services that assists a player in taking actions or sizing bets;
    • Any other tool or service deemed by our Game Integrity Team to provide players with an unfair advantage.
    • If any User is unsure if a specific tool, service, or program is allowed while having the Software running or what constitutes an “unfair advantage” in the context of TPA Tools, then they should contact 4Poker Support for more information.
  17. Use of robot applications (commonly referred to as ‘bots’) to make playing decisions and/or provide playing guidance, or the use of artificial intelligence and/or any machine learning application in conjunction with the use of this Service is strictly prohibited. The Company reserves the right to consider any use of the aforementioned applications as a material breach of this Agreement and accordingly shall have the right to terminate a User account in the event whereby a User engages or attempts to engage in any such activity, regardless of the outcome of such an attempt. Should such termination occur in accordance with this Clause, the Company reserves the right to confiscate funds from the said behaviour. All actions taken in relation to the Service by a User must be executed personally by users through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.
  18. The use of a VPN connection or Proxy server is monitored. We reserve the right to request You to supply Us with information and/or documentation in connection with Your VPN/ Proxy server usage and We retain the right to block the User Account and funds held thereon, based on the Company’s assessment of the activity in question.
  19. You agree that we may take steps to detect and prevent the use of prohibited TPA Tools and bots. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on your computer. You must not attempt to bypass, interfere with, or block such steps, including, without limitation, through the use of third-party software.
  20. You may only use the Software for your own personal, recreational use in accordance with rules and terms and conditions we have established and in accordance with all applicable laws, rules and regulations.
  21. You shall be courteous to other users using the Service and the Site as well as support personnel employed by the Group and avoid rude or obscene comments. You must not post unlawful, indecent, racist, obscene, libellous, defamatory, or threatening material, or any material that would violate any law or generally be considered to be an offensive, via the Service (including when using the chat function, the user images option or correspondence with the Group’s staff.
  22. The Company reserves the right to restrict or deny access, totally or partly, to the user account, at its own discretion. In the event that we deem that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service or the Site, including without limitation, engaging in any of the activities set forth herein this Agreement or any other game manipulation, we shall be entitled to take such action as we see fit, including but not limited to:
    • Immediately blocking a User's access to the Service,
    • Seizing funds held in the User’s Account,
    • Terminating User’s Account; and/or
    • Taking legal action against a User.

3.

Your Account

  1. In order for you to be able to place bets and deposit money, you must first register personally with Us and open a User account (“User Account”).
  2. You may only have one User Account with 4Poker which must be registered in Your name and using accurate and truthful personal information. If You attempt to open more than one account, all accounts You try to open may be blocked or closed and any bets, wagers, or payment of tournament registrations may be voided without notice.
  3. You will need to provide us with certain personal details about yourself (including details regarding your methods of payment). You agree that all information that you give us, such as but not limited to, valid identification, date of birth, address, email and a clear passport photograph, during the term of validity of this agreement is complete, true, correct and that you will immediately notify the Company of any changes to such information. It is Your sole responsibility to ensure that the information You provide is true, complete and correct and You hereby represent and warrant to Us that the information provided is true, complete and correct.
  4. You are required to update and keep up to date the mandatory information provided in the registration form in the event such information changes.
  5. If You notice that You have more than one registered User Account, You must notify us immediately. Failure to do so may lead to your User Account being blocked for access.
  6. As part of the registration process, You will have to choose your username and password for your login into the Service. It is your sole and exclusive responsibility to ensure that your login details are kept securely. You must not disclose your login details to anyone and must not permit another person to use the Service via your User Account. We are not responsible for any abuse or misuse of your User Account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party.
  7. We reserve the right to refuse or close a User Account at our sole discretion, but any contractual obligations already made by the Company shall, without prejudice to any rights available at law to Us, be honoured accordingly.
  8. If You wish to close your User Account, You may do so at any time, by contacting customer support in written form. The effective closure of the User Account will correspond to the termination of the Terms and Conditions. In case the reason behind the closure of the User Account is related to concerns about possible gambling addiction You shall indicate it accordingly.
  9. Where a User Account is closed, related information about the account will be retained in accordance with the Privacy Notice here: https://4poker.eu/privacy-policy/. Related information includes username, address, phone, email and account transactional details.

4.

Deposits into your Account

  1. We will assign minimum deposit levels and maximum deposit levels as specified in the Service.
  2. Depositing funds into your User Account is made by use of any of the methods specified in the Service, as may be amended from time to time.
  3. Deposited amounts are available on the User Account within a reasonable time period after the confirmation of the deposit unless extra verification procedures are needed as stated in clause (4.4).
  4. We reserve the right to use additional procedures and means as well as request from You evidences to verify your identity and other data provided by You (Know Your Customer) at any time. We reserve the right to perform identity checks on a User, with third party services, using the information provided to Us by a User upon registering a User Account with the Service. You are hereby notified that We carry out verification procedures, whether by ourselves or through third parties on depositing customers. You may be requested to supply Us with documents of the deposit stage and/or the withdrawal stage (or both) or at any other stage at the sole discretion of Company, such as a copy of Your passport or other identification documentation as part of Our Know Your Customer (KYC) procedures. We may also request any documentation previously provided which would have later on expired or would no longer be valid for any reason, or to request any additional KYC documentation for any reason and at any time. Your User Account may be blocked or closed if You do not provide requested information or documents or if such information or documents you provide is/are found false or misleading. We reserve the right to close Your User Account and withhold any funds held in Your User Account until the verification process is complete. If on completion of Our verification checks, You are shown to be underage: (1) We shall return all deposits to You and no winnings will be paid; (2) All transactions made whilst You were underage will be made void, and all related funds deposited by You will be returned by the payment method used for the deposit of such funds, wherever practicable; and (3) Your Member Account will be closed.
  5. If We mistakenly credit your User Account with winnings that do not belong to You, whether due to a technical or human error or otherwise, the amount will remain the property of the Company and the amount will be transferred from your User Account. If prior to the Company becoming aware of the error You would have withdrawn funds that do not belong to You, without prejudice to other remedies and actions that may be available at law, the mistakenly paid amount will constitute a debt owed by You to the Company. In the event of an incorrect crediting, You are obliged to notify the Company immediately by email.
  6. The minimum deposit amount is dependent on the payment instrument and currency selected. The Company reserves the right to increase the minimum deposit requirement at its discretion.
  7. We accept payments made in EUR, USD or other currencies as notified on the Site or in the Service from time to time. In case your payment account (i.e. your card/bank account or your eWallet account) is in a different currency, the Company, or your card/bank/eWallet provider as the case may be, might convert the funds to the relevant currency before depositing it to your account. Where the currency of the funds you withdraw from your User Account is different to the currency of you card/bank/eWallet currency, as the case may be, a currency exchange will apply. Please note any currency exchange premiums are payable by You. In case the currency exchange is performed by the Company, we will display the currency exchange rate offer by Us in the Software before you confirm the withdrawal.
  8. The Company reserves the right to use additional procedures and means to verify your identity both before and after effecting deposits into your User Account. It is unlawful to deposit funds from ill-gotten means.
  9. The Company shall deem an Account which has been dormant for an uninterrupted period of 12 (twelve) months as inactive. Should Your Account become inactive, the Company shall make all the necessary attempts to return any remaining funds back to You, and in the event whereby this is not possible, and no contact is made by You to receive the remaining balance for a period of 5 (five) consecutive years, the Company reserves the right to donate Your balance to a charity in the Responsible Gaming field.

5.

Withdrawals

  1. Any deposited funds, with the exception of winnings in excess of the deposited funds, shall automatically be remitted back to the same originating payment method from which the funds paid into the User’s account originated. It this is not possible, alternative withdrawal methods may be considered. The Company reserves the right to take all necessary measures to confirm all payment method ownership details. This will be done within a reasonable time frame.
  2. Details in respect to the timings for withdrawals in relation to the method utilised are available on the relevant screens in the Service as these may be amended from time to time.
  3. The Company shall perform customer verification procedures upon the first withdrawal/outgoing player-to-player transfer and no later than EUR 2000 (two thousand Euro) in cumulative deposits over a rolling period of 180 (one hundred eighty) days. We further reserve the right to carry out such verification procedures in case of lower deposits or withdrawals. Such verifications may, for example, include copies of a User’s passport and/or copies of a User’s utility bills.
  4. The timeframe for a withdrawal to be finalised may vary due to different circumstances, however a withdrawal attempt should be approved or denied within 24 (twenty-four) hours. The time for the funds to arrive at your User Account or payment instrument may be instant but, on some occasions, can take up to 3 (three) business days depending on the geographic location of Your payment instrument. A User shall be informed about the corresponding reasons for any such delays.
  5. Kindly be aware that our products are consumed instantly during gameplay. Thus, We cannot provide refunds, returns of goods, or cancellation of your service when playing. If You play a game with real money, the money will be drawn from your User Account instantly.
  6. The Company is not a banking institution, and You are not to expect any interest.
  7. The Company reserves the right to perform due diligence checks should You request a withdrawal without a User Account turnover, and whereby third party and/ or payment service provider fees are applicable for such withdrawals, these shall be covered by You.

6.

Player-to-Player transfers

  1. The Company facilitates the player-to-player transfer facility exclusively for the purpose of staking Poker play on this site and/or returning the proceeds which have originated from a previous stake received on the site. Staking is placing funds up on behalf of another User with the agreement that that they will receive a share of any winnings or prize. Any other forms of player-to-player transfers outside the receipt of a stake/ reimbursement of proceeds originating from a received stake, are prohibited and where identified shall not be accepted/ processed by the Company.
  2. Funds received by a player-to-player transfer must be used for Poker play on this site. You cannot withdraw funds received directly from a player-to-player transfer unless such funds are the proceeds of a stake previously provided on the site to another player; winnings arising from playing Poker with the transferred funds that subsequently contribute to a withdrawal request will be reviewed in accordance with our internal policies and procedures.
  3. Access to the player-to-player transfer facility is subject to all applicable laws, rules, and regulations and is provided to the User at the discretion of the Company. The Company may request You to supply Us with information or documentation prior to allowing You to request/receive a player-toplayer transfer. The Company may request You to supply Us with information or documentation in relation to any player-to-player transfers requested, made, or received which may include the provision of any staking agreements, or similar, which may be in existence. Your User Account may be restricted or closed if You do not provide the requested information or documents or if such information or documents You provide is/are found false or misleading.
  4. You should ensure You know who the other User is before making any player-to-player transfer to them, and You are comfortable with the risks of transferring funds to another User as this may result in the permanent loss of funds.
  5. You should not utilise the proceeds of any player-to-player transfer into Your account from another User where the funds are unrelated to the staking of Poker play on this site and/or returning the proceeds which have originated from a previous stake received on the site. If such funds are received You should report the transfer to the Company without delay.
  6. The Company shall not be liable for any loss of User funds in the event whereby such funds are sent/ received without knowledge of the other User.
  7. We reserve the right to decline any player-to-player transfer request or to overturn any transfer upon suspicion of breach of any of the terms and conditions of this site or any other applicable regulatory requirements.

7.

General Conditions for Participation in Promotions

  1. The General Conditions for Participation in Promotions referenced in this Section are accessible via the Special offers page here: https://4poker.eu/games-and-promotions. As such, these General Conditions for Participation in Promotions are an integral part of this Agreement.

8.

Game Rules

  1. Game rules for participation in Games referenced in this Section are accessible via the Game Rules page here: https://4poker.eu/poker-rules. As such these Game Rules are an integral part of this Agreement.

9.

Exceptional Circumstances

  1. In the event of a server crash or other unexpected downtime on the 4Poker platform, We shall refund players as described below.   
  2. In cash games, all hands in progress at the time of disruption shall be rolled back, it will be considered by the Company as if the hand never happened, with all affected User balances restored to what they were at the start of the cancelled hand.
  3. Some tournaments offered on the 4Poker platform may have a guaranteed minimum prize pool. In tournaments with a guaranteed minimum prize pool, if the sum of player contributions to the prize pool is less than the set guarantee, the Company shall allocate funds to the extent it is necessary to the prize pool in order to cover the guaranteed amount. Tournament guarantees require that the full registration period for the tournament has elapsed. If late registration closes prior to the planned time or a tournament is cancelled for any reason prior to the close of registration, then the guaranteed prize pool does not apply and prize payments or equity refunds will be based solely on player contributions to the prize pool.
  4. Some tournaments offered on the 4Poker platform may enable registration after the event has begun (commonly known as “late registration”). If a tournament with late registration reaches a point at which the number of remaining players is equal to the number of places paid, then the late registration period may be closed and no additional players will be able to enter, irrespective of the late registration period listed in the tournament details. As stated in section 9.3, prize pool guarantees require that the full registration period has elapsed, so if that full registration period has not elapsed then the guarantee will be ignored, and the prize pool will consist only of player-contributed funds.
  5. Tournament Cancellation Policy: a) If a tournament is cancelled after it has begun, the Company will determine the moment the disruption began and use that moment to calculate all affected User’s equity. Note that not all players will necessarily experience the disruption at the same time.
    b) One of the following methods of equity calculation will be used:
    • i) If there are nine or fewer players remaining, then ICM (Independent Chip Modelling) will be used to determine each remaining player’s equity. The fee will also be refunded.
    • ii) If there are 10 or more players remaining, and if a tournament has more players remaining than there are places paid (if the tournament is not yet “in the money”) then 25% of the prize pool will be distributed equally amongst the remaining players, and the other 75% of the prize pool will be awarded according to chip equity. The rake fee (“the Fee”) will also be refunded.
      • Not “in the money" formula: Refund = [(Prize Pool * 0.25) / Number of Remaining Players] + [(Prize Pool * 0.75) * (Your Chip Stack / Total Chips in Play)] + the Fee
    • iii) If there are 10 or more players remaining, and if enough players have been eliminated from the tournament for it to have reached the paying positions ( if the tournament is “in the money”), then each remaining player is awarded the next scheduled prize amount, 25% of the remaining prize pool will be equally divided amongst the remaining players and the other 75% of the remaining prize pool will be awarded according to chip equity. The Fee will also be refunded.
      • “In the money” formula: Refund = Next scheduled prize + [(Remaining
        Prize Pool * 0.25) / Number of Remaining Players] + [(Remaining Prize Pool * 0.75) * (Your Chip Stack / Total Chips in Play)] + the Fee.
    • iv) If a tournament is cancelled before it begins, then all registered players will be refunded the Buy-in and Fee.
  6. The Company does not have responsibility for customer hardware failures, nor for localized ISP (Internet Service Provider) issues affecting an individual or group from a particular region. Generally such issues are local and not caused by Our service. Although We have no responsibility for these local issues, We nevertheless may evaluate them individually with an eye towards keeping the customer satisfied to an extent reasonably practicable.
  7. If a refund is decided upon, the amount of the refund shall be returned to the User Account in no more than 5 (five) working days where reasonably practicable, and the User shall be informed and the procedure finalised after the decision has been made.
  8. If a bonus campaign has in any way been misconfigured or awarded erroneously, We have the right to alter Users’ balances and account details to correct the error.
  9. If a game contains a bug or misconfiguration that causes incorrect behaviour or incorrect allocation of player funds, We have the right to remove the game and alter Users’ balances and account details to correct the mistake.
  10. The Company is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the game play. Refunds may be given solely at the discretion of the management.
  11. The Company shall accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Service, the Site or its content; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any persons’ misuse of the Site or its content or any errors or omissions in content.
  12. We reserve the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide You with notice where We consider it necessary to do so including (for example) for the management, maintenance or update of the Software and We shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision.

10.

Responsible Gaming

  1. You may at Your discretion choose to limit the amount You deposit. This limitation is administered and initiated with the use of the Software. The related functionality is located in “Responsible Gaming” menu item.
  2. You may at your discretion choose to limit your ability to access gaming services using your User Account for a time of a defined period of time, during which you will be able to log in to your account, but will not be able to make deposits, play any games or place any bets. This limitation can be initiated by contacting the customer support or with the use of the Software, the related functionality is located in “Responsible Gaming” menu item. After activation, the limitation is administered by contacting the customer support.
  3. Any exclusion implemented shall only be removed upon expiry of the set duration.
    If You wish to apply a more stringent a limit or increase the duration of the self-exclusion, such changes shall be effective immediately upon receipt of such notice.
  4. If You wish to make a limit less stringent, this shall become effective only after the lapse of not less than 7 (seven) days from notification.

11.

Privacy Notice

  1. The Privacy Notice which can be accessed here, https://4poker.eu/privacy-policy/, is an integral part of this Agreement.

12.

Anti-Money Laundering

  1. It is unlawful to deposit illicit funds. As such, the Company does not accept unlawfully deposited funds, and has the right to apply all legal remedies at its disposal to prevent and combat illegal activities.
  2. All transactions shall be checked in order to prevent money laundering. The Company shall report any suspicious transactions to the relevant competent authorities in Malta. If the Company becomes aware of any suspicious activity relating to any of the Games, the Company must report this to the relevant authorities immediately. The Company may suspend, block or close a User Account and withhold funds if requested to do so in accordance with the Prevention of Money Laundering Act.

13.

User Complaints

  1. The User accepts that the historical data of each game shall be as recorded on the Company's servers. In the event of a discrepancy between the cards displayed on your computer and the game records on our server the latter shall prevail. The User accepts that all features of the Software relating to hand history shall not be considered as the official historical record of any hand.
  2. The Company will endeavour to make a User’s experience with Us an enjoyable one, however, there may be occasions where a User may feel dissatisfied with the quality of our product/s or of our customer service. A User may raise a complaint by addressing an email to [email protected]. The outcome of the complaint will be communicated to you within 10 days from the date of receipt. In certain cases, this timeframe can be further extended by another 10days.
  3. Should You not be satisfied with the way your complaint was resolved or handled you may escalate directly to the Malta Gaming Authority by sending them an email on [email protected]
  4. In the event that your complaint has not been resolved through the above procedures, You may wish to bring a claim before the eCogra as a registered Alternative Dispute Resolution. The eCogra claim form can be accessed via the following link: https://ecogra.org/forms/adr-dispute-step-1. Provided that eCogra does not classify the action as vexatious or frivolous then the Company shall bear the entire costs of the action.

14.

Limitation of Liability

  1. The telecommunications networks and Internet access services required for You to access and use the Service are entirely beyond our control and We shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.
  2. Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that your use of the Service is at your sole option, discretion and risk. The Service is provided without any warranty whatsoever, whether express or implied.
  3. Without prejudice to the generality of the preceding clause, We, our directors, employees, partners, service provides:
    • Do not warrant that the Software, the Games and the Site are fit for their purpose;
    • Do not warrant that the Software, the Games and the Site are free from errors;
    • Do not warrant that the Software, the Games and the Site will be accessible without interruptions;
    • Shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of the Service, the Site or your participation in the Games.
  4. You understand and acknowledge that, if there is a malfunction in a Game or its interoperability, any bets/wagers made during such malfunctioning shall be void. Funds obtained from a malfunctioning Game shall be considered void, as well as any subsequent game rounds with said funds, regardless of what Games are played using such funds.
  5. Under no circumstances, including negligence, shall any member of the Group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service by the User.
  6. You hereby agree to fully indemnify and hold harmless the Company, our directors, employees, partners and service providers for any cost, expense, loss, damages, claims and liabilities which arise as a result of:
    • Your breach of this Agreement, in whole or in part;
    • A violation by You of any law or any third-party rights; and
    • Use of the service by any other person accessing the Service using your login credential whether or not such use has been carried out with your authorisation.

15.

Breach, Penalties and Termination

  1. If You breach any provision of these Terms and Conditions or we have a reasonable ground to suspect you have breached them, We reserve the right to not open, to suspend, or to close your User Account.
  2. If we suspect You are engaged in illegal and/or fraudulent activities when using the Service or the Site; or in breach of this Agreement, or You are having problems with creditors or otherwise detrimental to our business, We may freeze or terminate your User Account, confiscate funds, or cancel any stakes at our absolute discretion.

16.

Miscellaneous

  1. No waiver by Us of any breach of any provision of this Agreement (including our failure to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
  2. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to any company within the Group.
  3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between You and Us.
  4. The User must provide full and truthful information in respect of all details and information requested by Us in connection with the User's use of the Service subject at all times to the terms of the Privacy Policy.

17.

Entire Agreement

  1. If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
  2. We reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.
  3. These Terms and Conditions constitute the entire agreement between you and us with respect to the Site and the Games or the Service, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.

18.

Applicable law and jurisdiction

  1. These rules are governed by the laws of Malta and the parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Maltese courts.