TERMS & CONDITIONS OF USE
Last updated: 25 August 2021
END USER LICENCE AGREEMENT (“EULA”) FOR WW INTERNATIONAL LIMITED: IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING TO USE OUR SERVICES, AND/OR DOWNLOADING OUR SOFTWARE, AS YOUR AGREEMENT TO THEM CONSTITUTES A LEGALLY BINDING AGREEMENT. IT IS YOUR SOLE RESPONSIBILITY TO PERIODICALLY REVIEW THIS EULA AND YOUR CONTINUED USE OF THE SITE, AND ASSOCIATED SERVICES, CONSTITUTES YOUR ONGOING ACCEPTANCE OF THE TERMS CONTAINED HEREINAFTER.
The following terms and conditions as updated by us from time to time and made available here (these “Conditions”) shall govern the relationship between “You” (“Your” also refers to You throughout this EULA) and WW International Limited and/or its group companies (together referred to in these Conditions as “we”, “us” or “our”) in relation to all use of software licensed by us to You, directly or indirectly, and Your play on game client downloaded from Winner-poker.com (“Winnerpoker”).
Winnerpoker is operated by WW International Limited (“WWIL” or “The Company”) a company incorporated in Isle of Man whose registered office is 8 UPPER DUKES ROAD, DOUGLAS, IM2 4BA, Isle of Man. We are licensed and regulated by the Isle of Man Gambling Supervision Commission for the purposes of operating an online gambling licence. WWIL offers online casino services (“Services”) through its brand “Winnerpoker” and through its website www.Winner-poker.com. In addition to offering WWIL’s services through the internet, We may, from time to time, offer Our products and services through alternative mediums such as mobile devices. When you use WWIL’s Services by whatever medium, this EULA shall apply to such use to such an extent as is applicable to the circumstances.
Whether You use Winnerpoker and/or You are playing any game thereon (“Game(s)”) means that You accept these Conditions which are legally binding. If You do not agree to accept and be bound by the terms please do not open an account or continue to use the website or participate in the Games. These Conditions set forth the legally binding terms and conditions which are applicable to Your use of the Game or Winnerpoker, however, accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that these Conditions constitute an agreement between You and us and define the rights and responsibilities that You and we have with respect to the Games and Winnerpoker. You represent and warrant that You have the right, authority and capacity to accept these Conditions and to abide by them and that You have fully read and understood these Conditions without any impairment in judgment.
By visiting , registering on Winner-poker.com (“Website”) and/or continuing to use the Services You agree to be, and are, bound by:
these Conditions; and by accepting these Conditions You also accept our;
Security & Ecology Policy;
the House Rules; and
all such other of our terms and conditions, game rules, rules or policies as they relate to any applicable Game, promotions, bonuses, special offers or any other aspect of Your use of the Website from time to time.
In the event of any inconsistency between these Conditions and the House Rules, then, to the extent of the inconsistency, these terms and conditions shall prevail.
CHANGES TO THE TERMS AND CONDITIONS
1.1 We may need to change the Conditions for a number of reasons, including for commercial reasons, to comply with new laws or regulations or for customer service reasons. The most up-to-date terms and conditions can be accessed here, and the date on which they came into force is noted.
1.2 Where We wish to make substantial changes to the Terms and Conditions, we will give You as much prior notice of such changes as is reasonably practicable via one of the following methods:
Email (to the email address You have previously supplied us with, if any);
A message in your mailbox of game client;
A notice on the Website.
1.3 Where we make changes to the Conditions which we wish to notify You of directly, we will do so by such method of notification as we may, in our discretion, deem to be appropriate.
1.4 We may, at our discretion, invite You to accept the new Conditions by clicking on “yes” or “I accept”, checking a ‘tick box’ or any other similar method of confirmation by You. If You provide us with any such confirmation, or if you continue to use the Services and/or Your Account after notification under this paragraph 1 (Changes To The Terms And Conditions), You shall, from such time, be deemed to have accepted, and be bound by, the new Conditions (including any additions, removals, substitutions). If any change is unacceptable to You, You may either cease using the Services and/or close Your Account by following the steps in paragraph 2.6 below.
1.5 It remains Your responsibility to periodically check these Conditions to ensure you continue to agree with them each time You use the Website and the Services.
ACCOUNT OPENING AND SECURITY
2.1 In order to register, open an account and participate in the Games, You represent and warrant that:
You are not an employee/contractor of (i) WWIL or (ii) any WWIL group company;
You will abide at all times by these Conditions and any other agreements between You and us;
You are legally able to enter into contracts;
You have not previously had your account closed by us for any reason;
You acknowledge that it is your responsibility to ensure that You understand and fully comply with any laws or regulations applicable in your own country or state.
2.2 You must maintain Your account and keep Your details up-to-date.
3.1 Participation in the Game is at Your discretion and risk. You understand that playing “real money” games is highly speculative in nature and therefore contains a degree of risk. You acknowledge that You are fully prepared financially to undertake such risks and to withstand any losses incorrectly and that You are able to sustain the total loss of any bets committed by You. You are entirely responsible for the information that You provide to us and we shall not be liable for incorrect entries made by You, including data input errors with respect to the bets on offer.
3.2 It is Your responsibility to ensure that all details of Your transactions on Winnerpoker are correct. You can access Your transaction history on the Website. Once a transaction has been confirmed by You (for example by clicking the enter tab) it cannot be cancelled.
YOUR Winnerpoker ACCOUNT
4.1 Only bets placed from Your account set up through the game client downloaded from Winner-poker.com will be accepted for the Game and any winnings You make on the Game will be credited to Your account. You may facilitate all deposits and withdrawals by accessing the My Account page.
4.2 Bets shall only be valid if accepted by our server. Until accepted by our server, no communications from You shall be binding on us and all information displayed on Winnerpoker or the Website constitutes an invitation to play only. You agree that our records, in the absence of manifest error, shall be the final authority in determining the terms of any bets You place and the circumstances in which they were made.
4.3 Your Account is personal to You. You shall not allow others to use Your Account or to accept any prize or participate in any of the Games. Any person found to have violated this section be liable for all losses on the account but will not be entitled to collect any winnings.
4.4 It is Your responsibility to keep Your password private and secure and You are solely responsible for the security of Your account information and password. You are responsible for any unauthorized use of Your account and/or password. In the event that a third party places a bet or is thought to have placed a bet from Your account, such bet shall be valid and liability for losses on Your account will lie with You, whether or not You were aware the third party misappropriated Your account and password information.
4.5 While we make every effort to ensure that Your data is secure at all times, You likewise recognize that there are instances that may damage, corrupt, delete or in any way alter Your data that are beyond our control. However, we shall ensure that adequate security mechanisms designed to protect Personal Data will be used to prevent Personal Data from being stolen, misused or abused, and to prevent Personal Data breaches.
CUSTOMER FUND PROTECTION
5.1 Any funds You deposit with the Company will be held in a segregated bank account in the name of the Company (“Designated Account”) in accordance with the regulations relating to customers’ money. This means that all such funds are protected and in the case of insolvency properly due funds can be paid to the customer.
5.2 The Company keeps a sum of money equivalent to its liabilities to customers in the Designated Account which is solely used to hold the players’ balance. This Designated Account shall not be used for any operational purpose, and the balance of the Designated Account shall be audited by third-party auditors to confirm that it matches with the player’s total balance to meet any withdrawal request.
5.3 Monies held in Your account shall not attract any interest.
6.1 You agree to refrain from using Winnerpoker or our Website:
in excess of, or beyond, the agreed purpose;
to distribute, sell, license, provide or otherwise make any services available to third parties without our consent;
to store or transmit material or information that is infringing, libellous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person or otherwise harmful, unlawful or tortious, or in violation of any third party privacy rights;
in any way that is in violation of any applicable law, rule or regulation; or
to transmit viruses, malware, or other malicious code.
6.2 It is prohibited to modify, reverse-engineer, or otherwise manipulate, interfere with or disrupt any of our software used in the Website and/or Games. To ensure the integrity of the Website and Games, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the same tables or tournaments.
6.3 We may, at our sole discretion and without any requirement to give reasons, exclude any customer from our Services generally and/or from receiving selected promotions and offers introduced by us from time to time.
6.4 We reserve the right to suspend, discontinue, modify, remove, or add to the Website and/or any Games in Winnerpoker at our discretion with immediate effect and without any obligation to provide You with notice.
7.1 You can make deposits via payment methods provided in the cashier page, which includes credit cards, debit cards, various alternative payment options , bitcoins and cryptocurency.
7.2 If You wish to participate in betting or gaming using the Website, You must deposit money into Your Account which You can then use to place bets or play games. We reserve the right to undertake KYC checks on player deposits for the purpose of regulatory compliance.
7.3 There are minimum deposit requirements per deposit method. Details for minimum deposits per deposit method are explained on the cashier page.
7.4 Deposits to the player Account are made by transfer of money to the Company’s account by way of the payment methods stated on the Website. The Company reserve the right to change the accepted method of payment at its sole discretion. The Company further reserves the right to accept certain methods of payment only subject to the fulfilment of certain conditions. The Company does not warrant that all methods of payment are available at all times.
7.5 We do not accept cash funds sent to us.
7.6 By depositing money, You agree not to make any charge-backs, reversal or otherwise cancel any deposits into Your Account, and agree to refund and compensate us for unpaid deposits.
8.1 All payments made into Your Account must have been confirmed as cleared and none have been charged-back, reverse or otherwise cancelled prior to You withdrawing funds from Your Account.
8.2 Once we have approved Your withdrawal, You must give us sufficient information as to how the funds should be transferred to You.
9. Held funds are part of Your total poker cash balance and relate to Your poker winnings in the previous 1 hours. Consequently, profits arising from poker sessions are not available immediately to withdraw, they are held in a customer’s poker wallet for a period of 1 hours. Despite these funds not being available for withdrawal they are available for use at the poker table.
10.1 We may, from time to time, offer bonuses and/or promotions that are governed by separate terms and conditions. Any bonuses credited to Your account must be used in adherence with such terms and conditions.
10.2 In the event and to the extent of a conflict between these Conditions and the bonus or promotion terms and conditions, the bonus or promotion-specific terms and conditions prevail.
10.3 If we believe that You are abusing or attempting to abuse a bonus or promotion, or are likely to personally benefit through the abuse of a bonus or promotion, we may deny, withhold or Withdraw from You any bonus or promotion at our sole discretion. We may also terminate Your access to our Website and/or Your Account. In such circumstances, we shall be under no obligation to refund to You any remaining balance amount showing in Your Account other than Your original deposit amount.
10.4 By participating in any Promotion of Winnerpoker ( the “Promotion”), You agree to cooperate in all advertising, marketing, publicity material and activities we may choose to utilize. You also agree, if requested, (a) to wear any Winnerpoker-branded clothing or patches provided; and (b) to sign, if requested, an irrevocable release form allowing us to use your information with respect to the Promotion.
10.5 In any event sponsored by Winnerpoker, You agree not to wear or expose third-party branding or advertising for any company which could be deemed as a Winnerpoker competitor. If you breach such a requirement, we reserve the right to revoke any prize awarded to you.
10.6 With respect to Your participation in any Promotion of Winnerpoker, You confirm that the submitted materials will be Your own original work and such materials will not infringe on the intellectual property rights or other rights of any person or organization.
11.1 We are committed to providing our customers with an enjoyable poker experience in a safe and secure environment, and we operate security procedures and checks to protect our customers and Winnerpoker from fraud and collusion. Any kind of BOT or Artificial Intelligence is strictly prohibited on Winnerpoker. Occasionally, as part of this process, we will wish to make Checks on Accounts and plays in the Game(s) and this may result in the suspension of the use of Accounts whilst these checks are carried out, as well as requests for information from customers. We believe it is in the best interests of our customers and ourselves that we operate this process and it is a condition of participation that all our customers acknowledge this and cooperate with us in this respect.
11.2 Players can play on Winnerpoker only upon acceptance of the Security & Ecology Agreement. Security & Ecology Agreement includes all the details of the security checks that we perform to make the environment safe and fair for all players.
12.1 The House Rules on the Website shall apply to Your participation in a Game. In particular, You are not permitted to make a bet in excess of the value of chips on the table at the beginning of a hand. You are permitted to acquire additional chips only between hands. If You run out of chips during a hand, You are considered “all- in”. You may not remove money from the table during a playing session. Taking money out of the Game and continuing to play is not allowed in a table bets format.
12.2 Players must refrain from “table talk” or “coffee-housing” or talking during a hand in a way that compromises an opponent’s hand. This applies if You are playing in the hand or watching the hand. Repeated abuse of this aspect of player behaviour will result in suspension or permanent restriction of play.
12.3 Abusive or offensive language or other behaviour considered inappropriate by us in the context of the Game will not be tolerated. Bad behaviour or offensive language identified by us or brought to our attention will be dealt with swiftly and may result in a suspension or loss of playing privileges or such other action as may be deemed necessary by us at our sole discretion.
12.4 You fully accept and agree that the random number generator software will determine all outcomes of the Games.
12.5 You acknowledge and agree that You shall not interfere, interrupt, and attempt to interrupt, or attempt to manipulate the operations of the Website or the normal play of any of the Games in Winnerpoker. Failure to comply with the preceding may lead to Your exclusion from the Website and to criminal and civil investigations.
12.6 For detailed rules of games, You can check the rules in each game page or from the House Rules here.
13.1 If You have chips at a table during a server crash, the Game will be cancelled and all of Your chips at the table and in play will be returned to Your Account. We, our affiliates, agents and licensors shall not be liable for any loss resulting from delays or interruptions to play due to failure, breakdown, malfunction, disconnection from or interruption of electronic or mechanical equipment, of telephone, internet connection or other communications facilities, or due to any denial of service (DDOS) attack or other malevolent external interferences with our site or any other causes over which we or they have no direct control.
13.2 In the event of systems, technological or communications failure or errors relating to the generation of any result, bet settlement or any other element of the Game or the Website, we will not be liable to You because of any such errors and we reserve the right to void all related bets and plays on the Game in question.
INTELLECTUAL PROPERTY RIGHTS
14. These Conditions confer only the right to use Winnerpoker, the Website, and the Games while these Conditions and applicable license(s) (if any) are in effect and they do not convey any rights of ownership in or to Winnerpoker, the Website, Games or any of our intellectual property. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Website and Games will remain our sole property. Any services provided to You under these Conditions, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us.
PUBLICITY OF TOURNAMENT RESULTS
15.1 By registering for a tournament at Winnerpoker, You agree to allow us to use your play data within an online live stream, in online broadcasting, and any other future publicity that Winnerpoker may use after the completion of the tournament. All Winnerpoker tournaments are reported on in various online media and social media platforms with results published that include players’ Winnerpoker nicknames, finishing positions, played-hands and pay-outs in the events. However, we do not publicly use players’ real names or personal information unless we have written permission from the players to do so. Any final tables of tournaments, selected by Winnerpoker, can be broadcasted on online media, such as the Twitch platform, with hole cards open with a delay of 1 (one) hour from the actual time of play.
15.2. For some specific tournaments, You need to consent that your real name will be published if you win any prize from such tournaments. If you do not want the publicity of your real name, you should not register for such tournaments in Winnerpoker. For these specific tournaments, You will be prompted with a pop-up window during the tournament registration for release consent of your information and additional confirmation of your real name.
16. You agree to hold harmless and indemnify us and our subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to Your breach of these Conditions, or Your violation of any law or the rights of a third party, or Your use of the Website and/or Games, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. Nothing in these Conditions shall be deemed to exclude or limit Your liability in respect of any indemnity given by You under these Conditions.
LIMITATION OF LIABILITY
17.1 We do not warrant that our operations shall be uninterrupted or error-free. We shall provide our Services on an “as is” and “as available” basis without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by law, we exclude all Conditions, warranties, representations or other terms which may apply to the Website and Game, whether express or implied.
17.2 Our maximum liability to You for any matter arising out of or in connection with Your use of the Website will be limited to the aggregate of the amount legitimately in Your account and the return of the amount of the stake of any disputed bet.
17.3 WWIL (or any of its group companies officers, directors, employees, shareholders or agents) will take all the measures needed in order to protect the company against any of the following:
any direct, indirect, special, incidental, consequential loss or damages whether exemplary or punitive;
any loss of income;
any loss of direct or indirect profits;
any loss of goodwill;
any loss of contracts;
any loss of use of money;
any loss or damages arising from or connected in any way to business interruption; or
in any way whether in tort (including without limitation to negligence), contract or otherwise in connection with the Website in any way or in connection with the use, any inability to use or the results of the use of the Website including but not limited to loss or damages due to viruses that may infect Your computer equipment.
17.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer or mobile equipment, computer programs, data or other proprietary material due to Your use of the Website or Games or to Your downloading of any content on it, or on any website linked to it.
17.5 We will not be liable for any loss or damage that You may suffer because of any act of God, power failure, trade or labour dispute, act, failure or omission of any government or authority, obstruction or failure of telecommunication services or networks, access delays or access interruption, data non-delivery or data misdelivery, the unauthorised use of Your security access details or any other delay or failure caused by a third party. In such an event we reserve the right to void any bet or cancel or suspend our services arising from such circumstances without incurring any liability. Furthermore, we will not be responsible for the failure of any equipment, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our Website or prevent You from being able to contact us.
17.6 Nothing in these Conditions shall exclude our liability which we may have in respect of fraud or death or personal injury arising from our negligence.
18. You expressly acknowledge and agree that we shall not be liable to You for the content of or use by You of any information or services offered by third parties or affiliates advertising, marketing, or otherwise posting content through the Website (whether directly or via links to or from other sites or resources) nor can we be said to endorse the content of such advertisements or information and we make no warranties with respect to such content.
19.1 For the purposes of these Conditions, a “Dormant Account” shall mean any customer account which, for a continuous period of 12 (twelve) months or more, has not either (a) had funds deposited in it; or (b) had funds withdrawn from it; or (c) had a bet placed from it; or (d) had a bet settled from it. In respect of such Dormant Accounts, we reserve the right to charge on the last day of each month a processing handling fee of £5 per month (or the remaining balance should the account balance be under £5) which will be deducted in arrears at any time within 10 (ten) working days of the subsequent month. These charges shall be payable in respect of any Dormant Account until such time as the account becomes active again or has a nil balance.
19.2 If Your account has been deemed a Dormant Account and has subsequently been dormant for an additional 12 (twelve) calendar months, Your account shall be deemed to be an “Abandoned Account” and closed, and the sum total of cash held in Your account at the time of closure will be donated to charity.
19.3 Any Personal Data retained in relation to Dormant Accounts will be deleted and disposed of when no longer needed.
20. We are committed to endorsing responsible gaming as a policy of customer care and social responsibility. We believe it is our responsibility to You, our customers, to ensure that You enjoy Your wagering experience on our site, while remaining fully aware of the social and financial harms associated with problem gambling. Click here for our Responsible Gaming guide.
20.1 Deposit Limits
After account registration, You can set Your own daily, weekly and monthly deposit limits at any time.
If You want to increase Your deposit limit, You must wait 24 hours, after which You must confirm the value increase, for immediate implementation. If You decline the increase, Your deposit limit will remain as the previously selected value. You can find more information about responsible gaming guide here.
We want everyone to enjoy playing our Games. However, we do recognise that some customers would wish to restrict or even cease playing. We, therefore, provide a self-exclusion facility that allows customers to close their accounts for a temporary period from 1 hour or much longer period up to 5 years or permanently. You can select a self-exclusion period via the ‘Cashier’ dashboard. Alternatively, You may contact our Customer Service Support team directly by email to [email protected].
When choosing to self-exclude, You will not qualify to receive any bonuses or promotions we may offer during Your self-exclusion. Within two days of choosing to self-exclude, which You would have previously provided us with Your explicit consent to receive, You will also be excluded from any marketing material that we may send. No further marketing material will be sent until the self-exclusion period is over, and You have requested to return to the Website.
Once You choose to self-exclude, Your account will be closed for the duration of the selected period, and You will no longer have access to the Games. We will return Your remaining account balance in accordance with our Withdrawal Policy.
During a self-exclusion agreement, You must not attempt to gamble with us, and we cannot be responsible or liable for any subsequent consequences or losses (however caused) that You may suffer or incur if You continue gambling through additional accounts where You have altered any of Your registration details or You provide misleading, inaccurate or incomplete details or otherwise seek to circumvent the self-exclusion.
If You choose to reopen Your account once the self-exclusion period has ended, You will be required to contact the customer support team via [email protected]. You will then be given a minimum 24 hour cooling off period before Your account is active. Whilst the 24 hour cooling off period is in place You will be given the option to cancel the reactivation.
We also wish to draw Your attention to the existence of software preventing an individual computer from accessing gambling websites or services, such as: www.cyberpatrol.com or www.gamblock.com. If You require any further information or assistance regarding our functionality, please contact [email protected].
21.1 Should there be any claim or dispute relating to bet(s) on Winnerpoker, please contact us at [email protected] and the complaint will be assigned to a customer support representative.
21.2 An initial response will be sent to customer within 24 hours for weekdays and within 72 hours for weekends.
21.3 If no subsequent/follow up contact is made by customer within seven days, the complaint is considered resolved.
21.4 If subsequent/follow up contact is made by customer, the complaint is re-examined by the designated customer support representative within 24 hours for weekdays and within 72 hours for weekends, then either a second response is sent or the complaint is escalated to a customer support manager according to departmental procedures; and the customer support department continues to process customer complaints until they are successfully resolved or are deemed in dispute, according to departmental procedures.
21.5 Should a resolution not be reached or you are unhappy with the resolution we have come to, you may seek external resolution from the Gambling Supervision Commission by emailing [email protected].
22. The Conditions shall be governed by and interpreted in accordance with the laws of the Isle of Man.
22.1 If, for any reason, a court of competent jurisdiction finds any provision of these Conditions, or portion thereof, unenforceable, invalid, or unlawful, then the remainder of these Conditions shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.
22.2 You agree that no venture, partnership, employment, or agency relationship exists between You and us as a result of these Conditions.
22.3 Our failure to exercise any rights under these Conditions shall not institute or be deemed a waiver or forfeiture of such right or waiver or forfeiture of such rights in the future.
22.4 These Conditions constitute the entire understanding between You and us relating to the use of the Game.
We will not be held responsible in any circumstances for any loss or damage that may result from the use of the Services, Software or Website. We disclaim any warranty for the Services, Software or Website, which are provided on an ‘as is’ basis. We will endeavour to supply the Services, Software and Website to the highest possible standard and in a safe and secure manner, although we make no warranty that their supply will be uninterrupted or free from errors. Where any defect is notified to us we will make every effort to correct the defect in a timely manner. We will not be liable to you where any communication or system is impacted by a delay or failure. We reserve the right to suspend, remove or modify the Services, either temporarily or permanently, at our sole discretion and without any obligation to provide you will notice of such an action. We will not be liable for any loss incurred in this circumstance. It is your sole responsibility to ensure that you have the legal right to use the Services from within the jurisdiction that you reside or access them from. It is not our intention that anyone should use the Services from any jurisdiction where online gambling is illegal. The availability of the Services or Website in any jurisdiction should not be construed as an offer, solicitation or invitation by us to use the Services or Website. You acknowledge that your participation in the Services is at your sole decision and that you accept the full risk of using the Services. You further acknowledge that you do not find the Services or Website to be offensive, biased or indecent.