General Terms & Conditions
Date of last update: 1 June 2012
These General Terms & Conditions, hereinafter the "Terms & Conditions", regulate the legal basis for players to participate in Online Casino Games and Betting provided by Wettpunkt International Limited herein referred to as "WPI", "WETTPUNKT" and/or "the company" via its websites. Wettpunkt International Limited forms part of the F.G.S Group, which was founded in the European Union in 1979 and is a specialist in the sports and leisure industries. These Terms & Conditions apply to all Online Casino Games and Betting products provided by the company. Please note that for Betting and betting contracts additional Betting Rules and Bets/Odds description are applicable, which are incorporated by reference into these Terms & Conditions.
WETTPUNKT is a company duly registered on the 20th February 2001 in Malta with company registration number C 27747, having its registered office at 104, GO Communications Centre, Salvu Psaila Street, Birkirkara BKR 9079, Malta, operating the following Websites: www.wettpunkt.com, www.play4win.com. Wettpunkt International Limited is licensed and regulated by the Lotteries and Gaming Authority (LGA), Suite 1, Level 3, TG Complex, Brewery Street, Mriehel, Birkirkara BKR 3000, Malta (License Numbers: LGA/CL1/139/2000 and LGA/CL2/139/2000 both reissued on the 13th of June 2011).
“Account Holder” or “Player”: an individual who has successfully registered as a Player on the WETTPUNKT Websites and
holds a Player Account;
"Betting": sports or other kind of betting offered by WETTPUNKT
“Home Jurisdiction”: the jurisdiction in which the Account Holder is a resident;
“Online Casino”: the virtual casino environment of the WETTPUNKT Websites, including the games contained therein;
“Online Casino Games”: the games available on the WETTPUNKT Website, which require a Player to place a stake to participate;
“Place of Contract”: Malta;
“Player Account”: an account, created upon the successful registration of a Player, which is personal to that Player, and which is to be used for bona fide gaming, gambling and betting transactions;
“Stakes”: Moneys put at stake by a Player by participating in an Online Casino Game or Betting;
“Winning”: money or money’s worth won by the Account Holder by participating in the Online Casino Games or Betting;
“WETTPUNKT Websites”: the websites found inter alia at the following URLs: www.wettpunkt.com, www.play4win.com
References to the singular include references to the plural, and references to the masculine include references to the feminine form, as applicable.
By using the WETTPUNKT Websites, opening a Player Account, using and re-using the Player Account, participating in the Online Casino Games and Betting, or accepting any Winning, the Player warrants that he fully understands, accepts and agrees to comply with these Terms & Conditions as may be amended from time to time by WETTPUNKT.
A prospective Player and/or a Player should not use the WETTPUNKT Websites, open a Player Account or use the same, participate in the Online Casino Games or Betting, or accept any Winning, if the Player does not understand, accept, agree and comply with these Terms & Conditions.
Only individuals who are of legal age (i.e. the higher of over 18 years of age and the age at which the Player is legally entitled to play the Online Casino Games and Betting in his Home Jurisdiction) and capable of entering into a legally binding agreement with WETTPUNKT are eligible to play on the WETTPUNKT Websites and participate in the Online Casino Games and Betting. Furthermore, prospective Players should be aware of and respect any legal prohibition/restriction or other rule in their Home Jurisdiction to participate in remote gaming activities.
The Player accepts expressively that WETTPUNKT is unable and will not provide any legal advice regarding the laws applicable in the Home Jurisdiction or any other jurisdiction and does not provide any warranties thereof.
The availability of the Online Casino Games or Betting on the WETTPUNKT Websites does not constitute an offer or invitation to offer by WETTPUNKT to use the WETTPUNKT Websites or to play the Online Casino Games or Betting in any jurisdiction where the use of or access to the Online Casino Games or Betting is not legal including Canada, South Africa, USA, Croatia, France and Estonia for Players under 21). The Casino Games offered by WETTPUNKT using the Betsoft platform are not licensed in Malta and WETTPUNKT offers these games not under the license. Please note that you are leaving the Maltese Jurisdiction and these games are not regulated or controlled by the Authority. A Player participating in Online Casino Games and Betting warrants that he is legally allowed to do so and does not violate any law regulating Online Gaming and Betting in his Home Jurisdiction. A prohibition by the Home Jurisdiction will, at WETTPUNKT's discretion, render the contract null and void. Moreover, the Player guarantees that the funds he uses as stakes do not originate from any illicit acts and that he is free to dispose of them.
A prospective Player is not allowed to Register with WETTPUNKT, a Player is not allowed to participate in any Online Casino Games or betting and WETTPUNKT reserves the right to cancel at its sole discretion the Player Account if he:
- is an individual who is suspected of laundering funds;
- submits a deposit using a credit card or debit card which is registered under a name other than the WETTPUNKT's account holder;
- provides inaccurate, incorrect or misleading registration information;
- is not of legal age;
- has allowed or permitted (intentionally or unintentionally) someone else to play on his Player Account;
- is located or resident in a Home Jurisdiction which is a restricted jurisdiction;
- does not intend to play at the Online Casino or Betting on his own behalf for personal entertainment only but rather he intends to play on behalf of others and/or against a pre-agreed fee or reward or in concert with other player as part of a club, group, etc.;
- has "charged back" any of the deposits made with his credit card on his Player Account;
- is found cheating or if it is determined by WETTPUNKT that he has employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to dupe WETTPUNKT or has played at any other online casino or betting under any of the circumstances set out above.
The Player shall ensure that he shall satisfy the aforementioned “Participation Eligibility” conditions at all times.
An individual, who already possesses a Player Account in his name, shall not be allowed to open a further Player Account. All Players should register personally.
WETTPUNKT is obliged by law to collect, analyse and retain all personal data necessary to identify a prospective Player upon the registration and to assess, as far as is reasonably possible, whether prospective Players satisfy the "Participation Eligibility" conditions stated above.
Consequently, an individual cannot participate in an Online Casino Game or Betting unless that individual provides such information, is registered as a Player and holds a Player Account. For an individual to be registered as a Player, that individual must submit an application for registration. Fields indicated with an asterisks (“*”) are mandatory. The application will, at least, require to provide the following specific personal information details:
- the applicant’s age
- the applicant's identity;
- the applicant's place of residence; and
- the applicant's valid e-mail address.
An individual applying for registration warrants and represents that any information provided by him in the application form is true and correct. If WETTPUNKT becomes aware that an individual has provided false information when registering as a Player, it will not register the individual and, where that individual has already been registered, it will cancel that individual's registration as a Player.
In the course of the application process, the player chooses a login name and a password (user credentials). Participation in any of WETTPUNKT's Online Casino Games and Betting can only be accessed by using the login name and password. WETTPUNKT does not assume any liability for any use of the Player Account by third parties whether that use was authorised or unauthorised by the Player. The Player shall not transfer or assign his Player Account to a third party. WETTPUNKT cannot be held responsible for the loss of user credentials in the course of any error or failure not originating from WETTPUNKT's side. Harmful actions caused by third parties due to this are the sole responsibility of the Player and shall not be held against WETTPUNKT. For this reason, WETTPUNKT recommends the Player to treat his user credentials as confidential since any and all account transactions effected while using the client number and password, as the case may be, will be carried out in the name and for the account of the respective Player identified by the client number and password (Security Policies (Note: These are an integrated part of these Terms & Conditions)).
The Account Holder has the right to require access to the Account Holder's own personal data and/or has the right to correct and update his personal data that is inaccurate, irrelevant or out of date.
Player registration is at WETTPUNKT’s discretion. In this context WETTPUNKT is free, at its sole discretion, to:
- Decline to open a Player Account and/or decline to accept deposits; without any explanation whatsoever; applicable contractual obligations already made will be honoured;
- Request, at any time, documents to verify the identity and/or other facts provided by the Account Holder, but especially before expediting deposits and/or withdrawals. These documents may include clear photo identification, proof of address and credit card copies. Player Accounts may be suspended until satisfactory proof is provided.
- Suspend and/or cancel the participation of an Account Holder in any Online Casino Games and betting and/or related promotional activities or other services of WETTPUNKT, whenever there are legitimate concerns that a Player Account is, has been or may be used for illegal, fraudulent or dishonest practices.
- Transfer and/or license, without prior notice, data regarding an Account Holder to any other legal entity, in any country, ultimately managed and controlled by the FGS Group, subject to WETTPUNKT guaranteeing that the said data at all times is transferred and managed in accordance with applicable laws, data protection acts and/or similar.
Furthermore WETTPUNKT collects the Player’s personal information for operational purposes in order to
- be able to provide the Player with the right service, administer his Player Account and keep its gaming records;
- bring the Player information about products and services that may be of interest to him;
- enable the Player to participate and qualify for special offers, contests or competitions.
Should a Player opt, WETTPUNKT will use the Player’s e-mail address to send him regular newsletters of WETTPUNKT’s activities.
It is the Player’s responsibility to ensure that gambling is legal in his country of residence. WETTPUNKT has the right, but is not obliged to refuse to register Players whose country of residence prohibits gambling.
If registration was successful and WETTPUNKT has accepted the applicant as a Player, a Player Account will be opened for each Player. The Player Account shall exclusively be available for the respective Player.
Before the start of any Casino Online Games or Betting respective funds have to be credited to such Player Account. The Player acknowledges and agrees that no Casino Online Games can be started and no bets can be placed if there is no cover for the stakes in the Player Account or if the deposits are not credited to the Player Account, i.e. WETTPUNKT shall not accept a stake from an Account Holder unless there are adequate funds in the Player Account to cover the amount of the stake. Credits in the Player Account shall be effected by irrevocable charge to the Player’s credit card and/or irrevocable credit in the indicated bank account of WETTPUNKT.
A Player Account is opened, held and settled in the currency chosen by the Player from the currencies made available by WETTPUNKT on the WETTPUNKT Websites. All amounts displayed relating to stakes and Winnings shall be quoted with the symbol of the said currency. Any and all credits, stakes, Winnings credited and pay-outs shall be made through that Player Account. WETTPUNKT shall be entitled to unilaterally correct obviously wrong entries or entries due to error in the Player Accounts. The Player agrees to inform WETTPUNKT forthwith of any error with respect to his Player Account. In the event of any such error the Player shall forfeit any amounts that result from error or that result otherwise from technical fault.
Funds deposited in one Player Account cannot be transferred into another Player Account. It is prohibited for the Player to sell, transfer, and/or acquire funds to/from other players. Payment of taxes, if any, due on any Player’s winning are at the Player’s sole responsibility.
The Player understands that funds deposited into his Player Account do not earn any interest and that he must not treat WETTPUNKT as a financial institution in terms of the Financial Institutions Act.
Subject to these terms & conditions, WETTPUNKT offers a wide range of deposit and withdrawal methods which methods and relevant terms & conditions including deposit limits or minimum deposits, if any, are listed on “Wettpunkt.com Deposit/Withdrawal options”.
WETTPUNKT administers the money deposited by the Player on a trust basis until further notice by the Player. No interest shall accrue on funds, including Winnings, deposited and/or kept in the Player Account. Deposits to, and withdrawals from, a Player Account shall at all times be made through a Financial Institution (a bank and/or other similar regulated institution) or a Payment Solution/Cash Collecting Provider (intermediary acting as a payment agent). WETTPUNKT does not accept cash funds delivered directly to it. Any and all charges for money transfers and foreign exchange risks, if any, shall be at the expense of the Player if not otherwise agreed. Currently there are no fees for the Player Account itself. Deposits to the Player Account will be made available to the Player as soon as practically possible.
WETTPUNKT reserves the right to request further information and documentation regarding the Player’s age, identity and place of residence prior to any withdrawals, in particular prior to the Player’s first withdrawal, in order to prove his identity before WETTPUNKT releases any funds to him. WETTPUNKT also reserves the right to request such information and documentation about any person who effects a deposit on the Player Account. In the event that this data acquired from the person who effects a deposit on the Player Account is different, WETTPUNKT reserves the right to cancel the bets along with the payment of winnings to the Player in question, unless the Player can demonstrate his entitlement to the balance by some other means.
Subject to these terms & conditions, the Player may make withdrawals from his Player Account up to his current available balance.
Any withdrawals made to the Player may only be transferred to the account from which the deposits were made. If the repayment to this account is not possible, the Player is obliged to submit the data of a bank account (IBAN, BIC code) in the name of the Player via email to email@example.com.
For safety reasons the Player must provide the following documents:
- Passport -ID or driver's licence;
- Front and back side of the debit card;
- Certificate of residence.
Withdrawals will be effected as soon as all of this information is provided and only if the bank account is in the name of the Player and a minimum amount of EUR 1 has upon being transferred to the Player Account.
WETTPUNKT reserves the right to pay any requested withdrawal partly or in total via the same method of payment through which one or more deposits were made.
Any withdrawal from the Player’s Account is free of charge.
Subject to any other terms & conditions, generally no restrictions exist on withdrawal of funds not used by the Player for wagering/betting (see: Pay In-Methods).
Anti Money Laundering
WETTPUNKT reserves the right to check Player Accounts including all money transactions to prevent money laundering. Suspicious transactions or activities will be reported to the relevant authorities.
WETTPUNKT shall not make a payment in excess of cumulative withdrawals of two thousand and three hundred twenty-nine Euros (or its equivalent under the operational currency) out of a Player Account until the Account Holder's identity, age and place of residence have been verified.
Deposits may, from time to time, be partially and/or fully declined subject to certain security systems managed in collaboration with a Payment Solution Provider and/or a Financial Institution. Such security measures may include declining of withdrawals, for reasons outside WETTPUNKT's control, check of legitimisation of credit/debit or other cards, which at a particular time, may not be possible to process.
To ensure that the Player's credit, debit or charge card is not being used without Player's consent, WETTPUNKT will validate name, address and other personal information supplied by the Player during the registration process against appropriate third party databases. By accepting these terms & conditions the Player consents to such checks being made. In performing these checks personal information provided by the Player may be disclosed to a registered Credit Reference Agency which may keep a record of that information. The Player can rest assured that this is done only to confirm his identity, that a credit check is not performed and that his credit rating will be unaffected.
If no activity (ie. no financial turnover for a specific time range and no login to WETTPUNKT’s websites) is registered on a Player Account for a period of thirty (30) months, the Player Account shall be deemed to be a dormant account by setting it to a “dormant” status. The Player will be informed at least one month before this timeline by Email. The Player will not be forced to play and has the opportunity at any time to withdraw funds on his Player Account to the bank account indicated by him. If WETTPUNKT is unable to contact the Player within twelve month from the date that his Player Account was suspended, any balance in his Player Account will be forfeited in favour of the Malta Lotteries and Gaming Authority. In such case no further claim shall lie against WETTPUNKT.
Any dormant account where the Player’s balance is preserved will be reviewed regularly and WETTPUNKT shall attempt to notify him, via email, at his registered email address of any remaining funds held in his Player Account. Should an account remain inactive (no gameplay, transactions, valid withdrawals or deposits) for a period of at least 12 months, the Player may reactivate his Player Account by making one or more wagers or transactions including a valid withdrawal or deposit or by notifying WETTPUNKT by using the Contact Form found on the WETTPUNKT Website.
Player Limits and Self Exclusion
WETTPUNKT commits itself to social responsibility and to compliance with the Maltese Remote Gaming Regulations, 2004 and accordingly offers the Player a wide range of responsible gaming features.
A Player may by written notice (email, post) or the appropriate online facility on the WETTPUNKT Website:
- set a limit on the amount he may stake within a specified period of time;
- set a limit on the losses he may incur within a specified period of time;
- set a limit on the amount of time he may play in any one session;
- exclude himself from playing for a definite (temporary) or indefinite (permanent) period of time.
A Player who has set a limit or exclusion may change or revoke the limit or exclusion by written notice or electronic notice given to WETTPUNKT. A notice increasing or revoking a limit or removing an exclusion has effect only after seven (7) days after WETTPUNKT has received the notice. A notice reducing a limit or introducing an exclusion has effect immediately after it is actually received by WETTPUNKT. Proof that a notice has been sent by post does not in any way amount to proof that such notice has been actually received by WETTPUNKT or proof of the date of such receipt. WETTPUNKT will not accept stakes and participation in any Online Casino Game or Betting from a Player contrary to a limit or exclusion set by the Player.
WETTPUNKT also makes available a feature called Reality Check which:
- suspends play;
- clearly indicates for how long the Player has been playing;
- displays the Player’s winnings and losses during such period of time and the resulting balance in the Player Account;
- gives an option to the Player to end the session or return to the Online Casino Game or betting.
The relative facilities are provided in “Personal Limits and Self Exclusion” of the WETTPUNKT Websites.
Complaints regarding Player Account statements and credit/debit balances believed to be incorrect may only be brought forward within forty five (45) calendar days after the transaction by registered letter sent to the seat of WETTPUNKT using the Contact Form found on the WETTPUNKT Website (Link). Failure to complain within this period shall be deemed as an acceptance of the Player Account balance.
The complainant may also lodge a complaint with the LGA at firstname.lastname@example.org. A complaint must contain the Player’s real name, login name and a precise description of the issue.
Only the data recorded on the secure data carrier is applicable and decisive for the content of the actual Casino Online Game and Betting. In case no valid contract has been concluded, stakes will be reversed. Any further claims are excluded.
WETTPUNKT will inform the Player about the results of its inquiry into the complaint through a written notice sent to the email address registered on the Player Account in its database within one month from the date on which the complaint was lodged.
Any legal dispute regarding a transaction in relation to a Player Account that cannot or is not resolved in satisfactory way to either party shall be submitted to courts of Malta and settled in accordance with the law of the same.
Player Account Cancellation
In the case of any attempt by the Player to cheat or defraud WETTPUNKT, or if the Player makes untrue and/or malicious comments with regard to the Online Casino’s or betting operations or in any other case of suspicion of abuse, fraud or manipulation or breach of these Terms & Conditions, WETTPUNKT reserves the right to cancel the Player Account and to report these actions committed by the Player together with his identity and registration data to the appropriate law enforcement agencies. This includes inter alia the use and abuse of a software bug in any of the gaming and betting software provided on the WETTPUNKT Websites. A Player who detects a bug on the gaming or betting software must inform WETTPUNKT as soon as possible: Mail to: email@example.com.
In any of such cases, WETTPUNKT reserves the right to
- cancel any Player Account at any time without notice to the Player;
- sue the Player for civil damages for all losses and damage to its reputation and
- freeze any funds in the Player Account.
In addition to the aforementioned right to cancel the Player Account, WETTPUNKT reserves the right to block the Player from playing one or more Online Casino Games or Betting, to refuse or limit any Stakes and/or to withhold payment of Winnings in the event that the Player is located or resident in a jurisdiction where such play is not legal or in the event of any other breach of these Terms & Conditions.
WETTPUNKT or the Player may terminate a Player Account at any time upon notice. Following termination of the Player Account, WETTPUNKT will, in the normal course of events, return any funds to the bank account indicated by the Player and delete the Player’s personal information if permissible by law and/or will not prejudice WETTPUNKT’s position at law.
However, WETTPUNKT reserves the right to withhold the funds in the Player Account from the Player pending the determination of any investigation (including any relevant external investigation) where:
- WETTPUNKT suspects that the Player acted in breach of these Terms & Conditions or any other agreement relevant to the Player's activities on WETTPUNKT's sites, including where WETTPUNKT suspects the Player Account has been linked with fraudulent or dishonest activity; and/or
- WETTPUNKT may withhold the funds in the Player Account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
Following the determination of any such investigation, WETTPUNKT reserves the right not to release the funds in the Player Account if WETTPUNKT is satisfied that the Player has acted in breach of these Terms & Conditions or any other agreement relevant to the Player's activities on WETTPUNKT's sites. WETTPUNKT will deal with any funds obtained in this manner at WETTPUNKT's sole and absolute discretion and/or in accordance with any advice, request or instruction from any governmental, regulatory or enforcement authority.
In addition, if formally requested by the police, gambling regulators or taxation or other authorities or in the event that the Player fails to provide sufficient information to identify himself in accordance with WETTPUNKT own internal procedures or those imposed by regulatory authorities (wherever based), WETTPUNKT may suspend the Player Account and all functionality relating to the use of his Player Account (e.g. bet management and withdrawal of funds) and withhold from the Player's any funds in his account pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until the Player provides the necessary 'know your client' or 'age verification' information as appropriate. For the avoidance of doubt at no point during any such period will interest accrued to the Player on any funds in his Player Account.
The Player can close the Player Account by requesting WETTPUNKT to close his Player Account. However the Player is entitled to close the Player Account, provided that the funds on the Player Account that is closed has a positive balance which will not be returned to the Player until the Player has sent a withdrawal request and provided WETTPUNKT with the account details needed to return the balance to the Player. Email to: firstname.lastname@example.org. If WETTPUNKT or the Player closes the Player Account any contractual obligations already made will be honoured.
In essence, WETTPUNKT will process your personal data in accordance with the following main principles:
- Personal data will only be collected for specific purposes;
- All personal data is to processed fairly and lawfully;
- Personal data is to be processed in accordance to good practice;
- Personal data is not processed for any purpose that is incompatible with that for which the information is collected;
- The personal data processed is adequate and relevant in relation to the purposes of the processing;
- No more personal data is processed that in necessary having regard to the purposes of the processing;
- Personal data that is processed is correct;
- All personal data is not kept for period longer than is necessary;
- All personal data is to be kept in a secure manner using both technical and organization measures.
By providing personal information and registering with WETTPUNKT when the Player enters WETTPUNKT's websites, any personal data and information provided to WETTPUNKT will be used only within the FGS Group and on WETTPUNKT's sites and in a way indicated in the Terms & Conditions and will not be used for any commercial purposes nor passed on to third parties without Player's explicit consent.
However, while WETTPUNKT upholds strict confidentiality regarding all relations with Player’s Data, Players are advised that such data will be disclosed
- if required by competent regulatory and other governmental or judicial authorities,
- when a financial transaction is processed to WETTPUNKT’s authorised financial institutions, agencies and Payment Solution Providers in order to process the said transactions;
- in the event that a Player is suspected of violating the WETTPUNKT's Terms & Conditions, data can be disclosed to a third party for investigation purposes as described.
- WETTPUNKT suspect the Player acted in breach of these Terms & Conditions and involved in a crime or illegal, fraudulent or dishonest practices.
When visiting WETTPUNKT’s websites somebody may freely browse the sites without personal identification, unless he has already registered with WETTPUNKT as a Player. However WETTPUNKT may place a cookie on the Internet user’s computer to enable it to keep statistical track of the audience and build up trends on usage. Cookies are text files that identify a computer to WETTPUNKT’s server. Cookies in themselves do not identify the individual user but the computer being used.
- To identify the Account Holder's preferred language so it is automatically selected when the Account Holder returns to the WETTPUNKT Websites;
- To ensure that bets placed by the Account Holder are associated with the Account Holder's Player Account;
- To ensure that the Account Holder receives any bonuses the Account Holder is eligible for;
- To automatically track the session traffic flow.
Players have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time.
WETTPUNKT has invested in various technical and organisation security measures to attempt to protect against the loss, misuse and alternation of personal information under WETTPUNKT’s control. WETTPUNKT has built its systems with the Player’s privacy in mind at design stage.
FGS Group employees who have access either to the database that stores information or to the servers that host the services must comply with the respective security rules. While WETTPUNKT cannot guarantee that loss, misuse or alteration of any data will not occur, WETTPUNKT make every effort to prevent such unfortunate occurrences.
Exclusion of Liability
WETTPUNKT reserves the right to terminate offering events and/or games at any time.
The Player shall hold WETTPUNKT, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify same from all cost, expenses, liabilities and damages whatsoever, which may arise as a result of entering, using or reusing the WETTPUNKT's Websites, its materials, and its server by participating of the Player in Online Casino Games and Betting or accepting any Winning.
The Player further and specifically indemnifies WETTPUNKT, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers against any and all costs, expenses, liabilities and damages arising from any legal or other action taken either by or against the Player arising from any and all interaction with WETTPUNKT and/or any of the parties mentioned before.
Actions shall include (but not necessarily be limited to) any actions which might arise as a result of the criminalisation of the online/internet wagering within the Player’s jurisdiction. The Player agrees that WETTPUNKT takes no responsibility whatsoever, direct or indirect, for losses that may occur to the Player when using the Online Casino Games and Betting in connection with the following scenarios:
- In the event of a Force Majeure. “Force Majeure” means any event outside WETTPUNKT’s reasonable control affecting its ability to comply with or perform any of its obligations under these Terms & Conditions;
- An outbreak of hostilities, riot, civil disturbance, acts of terrorism;
- The acts of government or authority (including refusal or revocation of any licence or consent);
- Fire, explosion, flood, theft, malicious damage, strike, lockout or industrial action of any kind.
WETTPUNKT shall not be liable for any claims for compensation by the customer due to system failures, errors in the software of WETTPUNKT, manipulated, incorrect or delayed data transmission of any kind whatsoever.
WETTPUNKT can only be held liable for fraud or gross negligence or that of his employees, or by reason of any failure to fulfil an obligation constituting one of the fundamental elements of the Terms & Conditions. In the event that WETTPUNKT is found liable in any way, by a court of law and/or a similar authority, with legal competence and/or jurisdiction over WETTPUNKT, then its liability is limited to the amount of the stake made or the net winnings, whichever is the lesser. Alternatively, when relevant and applicable, the amount recorded in the Player Account or the amount transferred into or out of the Player Account, whichever is the lesser. In no event will WETTPUNKT be liable for indirect or consequential damages (including loss of profits) even if WETTPUNKT received prior notice of the possibility of such damages.
The WETTPUNKT Websites and the Online Casino Games and Betting are provided to the Player “as is” without warranty of any kind, either express or implied. WETTPUNKT shall not be held liable for malfunctions or technical errors, for which WETTPUNKT is not responsible. In particular, WETTPUNKT does not warrant that the data transmitted between the WETTPUNKT and the Player via Internet is conveyed completely and free from disturbances. WETTPUNKT expressly assumes no liability for any disadvantages for the Player in respect of Online Casino Games and Betting, including monetary disadvantages, which result from data transmission line defaults and/or other circumstances outside the control of WETTPUNKT, as well as from incomplete or garbled data.
On abort of a session, for whatever reason, only the data, which has been saved on the WETTPUNKT’s server before the abort, is valid. Data, which can no longer be assigned to the session, is not valid.
Furthermore WETTPUNKT shall not be held liable for attempts by the Player to participate in the Online Casino Games or Betting by methods, means or ways which are not intended by WETTPUNKT. Misuse will result in all play and pays being voided. Furthermore, WETTPUNKT shall not be held liable for harmful actions of third parties.
WETTPUNKT shall however take all reasonable steps to ensure that if the approved WETTPUNKT computer system and/or software enabling a Player to participate in an Online Casino Game or Betting is interrupted by a failure of the telecommunications system or a failure of the Player’s computer system that prevents the Player from continuing the same, after he made a stake, to resume, on the restoration of the system, his participation in the Online Casino Game or Betting that was interrupted as at the time immediately before the interruption.
If WETTPUNKT's computer system and/or software does not enable a Player to continue, after the restoration of the system, with an Online Casino Game or Betting interrupted by a failure of the telecommunications system or the Player’s computer system, WETTPUNKT shall:
- if a Online Casino Game was not started or a bet was not registered on WETTPUNKT's system not debit any stake from the Player Account;
- if an Online Casino Game was started, ensure that the Online Casino Game is terminated and
- to credit the Winning to the Player Account if the last Online Casino Game was won.
- to debit the Winning from the Player Account if the last Online Casino Game was lost.
- if a bet was registered on WETTPUNKT's system
- to credit the Winning to the Player Account if the bet was won.
- to debit the Winning to the Player Account if the bet was lost.
If an Online Casino Game is started but miscarries because of a failure of WETTPUNKT's computer operating system, WETTPUNKT shall:
- refund the amount wagered in the Online Casino Game to the Player by crediting it to the Player Account.
Rights of Use – Intellectual Propriety
Materials of the Online Casino Games and Betting (whether obtained electronically or obtained by other means) are automatically void if counterfeited, mutilated, forged, altered or tampered with in any way, if illegible, mechanically or electronically reproduced, obtained outside authorised legitimate channels or if they contain printing, production, typographical, mechanical, electronic or any other errors.
Ownership of visual and audible aids: The Player acknowledges that the software, gaming system and all material which is visually or audibly presented to the Player by WETTPUNKT is entirely the property of WETTPUNKT or its licensor and that the Player has no rights or claims whatsoever to any such intellectual property. The Player shall only make use of the WETTPUNKT Websites to play the Online Casino Games and Betting. He shall not copy, use, or make or attempt to make unauthorised use of the said software, gaming system and material and shall not introduce malicious code, reverse engineer, decompile or otherwise reproduce the software, the WETTPUNKT Websites or its contents.
The Terms & Conditions (including references herein, i.e. Betting Rules and Bets/Odds description) represent the complete, final and exclusive basis between the Player and WETTPUNKT and supersede and merge all prior agreements, representations and understandings between the Player and WETTPUNKT with regards to playing at the Online Casino or Betting.
WETTPUNKT may need to change the Terms & Conditions from time to time for a number of reasons, including but not limited to commercial reasons; and/or to comply with law or regulations; and/or to comply with instructions, guidance or recommendations from a regulatory body; or for customer service reasons. The most up-to-date edition can be accessed in the section "General Terms & Conditions (GTC)" of the WETTPUNKT Websites. Where WETTPUNKT wishes to make substantial changes to the terms, it will (where reasonably practicable) give the Players as much prior notice of such changes as is reasonably practicable via email to the email address stipulated in their Player Account or via notice on the WETTPUNKT Websites. If a Player objects to any of the changes, he may cancel his Player Account. The continued use of WETTPUNKT's services or any part of the WETTPUNKT Websites after the date on which the amended Terms & Conditions are stated to come into effect will be deemed to be a binding acceptance of the revised Terms & Conditions, including (for the avoidance of doubt) any additions, removals, substitutions or other changes, whether or not the Player has had notice of, or has read, the so revised Terms & Conditions.
Special Terms & Conditions exist for the claiming of all promotional offers. Any wagering requirements for withdrawal of bonus money or free credits will be specifically stipulated on the WETTPUNKT Websites in the “Bets/Odds”. The said rules are incorporated by reference into these Terms & Conditions.
All bets and Stakes will be taken, held and completed in Malta and all contracts are concluded in Malta. Maltese legislation applies exclusively to the Terms & Conditions. Any direct or indirect claims or disputes regarding these Terms & Conditions are to be handled via the applicable Maltese courts.
All telephone communications between Account Holders and WETTPUNKT may be recorded for security, training purposes and/or accounting purposes. All Internet communications are kept on record for accounting purposes.
Any materials submitted for Winnings claims become the property of WETTPUNKT and will not be returned. WETTPUNKT is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, or postage delayed mail, requests, Winning claims or entries.
WETTPUNKT recommends that the Player prints out all transaction data, rules of the game, cancellation regulations, and payment methods in order to avoid misunderstandings at a later time and keep them in an easily accessible place.
Should individual items within these Terms & Conditions be annulled or rendered ineffective through mandatory legislation, this changes in no way the effectiveness of the remaining Terms & Conditions. In place of such an ineffective rule, that provision most closely representing the interests of the contractual parties shall come into effect.
These Terms & Conditions and other texts on the Websites may be published from time to time in various languages. Translations into other languages are made as a service to the Player and are made in good faith. However, in the event of ambiguity between the English version and a translation, the English version has priority and shall prevail over any translation.
Participation in Online Casino Games or Betting implies the knowledge and the acceptance of the limits of the internet, especially: the technical capacity, the interruption risks, and in general, the risks inherent of any connection and transmission failure; the lower level of protection of data and the contamination risks by potential virus circulating on the net.