Winamax General Terms and Conditions
Last Updated: Monday, 28th January 2018
The Winamax General Terms and Conditions (“Terms and Conditions”) define the conditions through which the company WINAMAX, registered with the RCS of Paris, France under the number 492 155 932, (“the Company”) owner and editor of the website Winamax.fr (“the Website” or “the Site”) provides users with access to an online gaming platform on which users can partake in poker tournaments and cash game tables, as well as an online sports betting platform that players can use to place wagers on sporting events, before or while they take place (“live”).
IF THIS AGREEMENT IS TRANSLATED INTO ANOTHER LANGUAGE, THE FRENCH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE FRENCH LANGUAGE VERSION.
Article 1: Accepting the General Terms and Conditions
You agree to the following Terms and Conditions, in their entirety, when you: access or use the Website or register as a member of the Website (“Player”). You declare to recognize that you have read the present Terms and Conditions. The Company reserves the right to modify the present Terms and Conditions. You will be informed of any modification made to these terms and conditions so that you may take into account any changes.
Should you choose to play poker, you declare that you have read and agreed to the Winamax Poker Terms.
Should you choose to place wagers on sporting events, you declare that you have read and agreed to the Winamax Sports Betting Terms.
Article 2: Terms of registration and player commitments
2.1 Temporary account creation
The use of the Website supposes that you have registered for the Website beforehand using the inscription formula which exists for this purpose. In absence of an account, it is impossible to play on the Website.
Only individuals of majority age may access and play on the Website.
Only one active account is allowed per person.
Terms of registration
To register you must submit the personal information as follows: surname, first name(s), date of birth, place of birth, title (Mrs Mr, Ms), home address, e-mail address, telephone number (mobile or fix), banking information (RIB or BIC-IBAN). You must also define a maximum account balance for which, when your account surpasses this amount, any additional credit will be automatically transferred to your bank account.
It is your responsibility to provide the Company with your true, accurate personal data. The Company is in no way responsible for the data you have provided.
The Company reserves the right to prohibit the use of any table name (nickname) that the Company judges as inappropriate.
Once you have provided the requisite Registration Data, the Company will send an activation e-mail to the e-mail address provided during registration. The activation e-mail shall contain a clickable link which allows the Company to validate the accuracy of your e-mail address.
The Company reserves the right to forbid the use of table names and/or avatars it deems inappropriate, notably those which present political characteristics, racism, are pornographic, insulting, violent, or which glorify drugs and/or weapons.
Operation of temporary accounts
Your initial registration is provisional on you providing the Company with a copy of your personal ID and proof of bank account ownership within ONE (1) month after your initial registration.
- a copy of your national identity card OR your passport OR your driving licence;
- a copy of a document verifying your bank account information (your name and IBAN).
These documents must be within the dates of validity and the copies must be of high enough quality as to clearly show the information present. These may be sent to the Company by:
- direct upload via the “My account” section of the website;
- by email addressed to email@example.com;
by postal letter to the address below:
WINAMAX – Customer Support,
LIBRE REPONSE 80986,
75345 PARIS CEDEX 07
To access the Site, you may only declare one bank account registered in your name with a payment service provider established in one of the European Union member states or in a country belonging to the European Economic Area having concluded with the French state an administrative assistance clause to cooperate against fraud and tax evasion.
If you do not respect the delay of ONE (1) month your account will be blocked. If the required documents have not been submitted after TWO (2) months after the date of your initial registration, your account will be permanently closed.
The Company will inform you by email the reason for this closure.
Any sum deposited onto your temporary account can only be used to play on the Website.
You may not request that any sum of money on your temporary account be transferred to your bank account before the Company has verified that the information provided online identically matches the information found in the copies of your identity documents and proof of bank account ownership (see following point).
You are not able to access the international tables that have been put in place in accordance with the Shared Liquidity Agreement whilst using your temporary account. These tables are reserved for players who have full validated their account.
2.2 Final account validation
Verification of your personal information by the Company
The Company will inform you that all documents submitted to the Company were received and will then proceed to verify that the information in the documents identically matches the data provided over the internet at the account’s creation.
Personal activation code
After the Company has completed your identity check, a personal activation code will be mailed to the physical address you provided.
When you receive this code you must enter it into the field provided on the Website in order to transform your temporary account into a permanent account. You will then be able to benefit from the full range of functionalities with your account and access the international tables set up in accordance with the Shared Liquidity Agreement.
If you do not validate the account using this code within SIX (6) weeks from the moment it was mailed, your account will be permanently closed.
The Company will inform you by email of the reasoning behind the permanent closure of your account.
2.3 Using your account
You must always insure that links directing you to the winamax.fr pages are real. For a secure connection the address window of your web browser must always begin with: https://www.winamax.fr/ (also check if there is a padlock symbol before the URL address). Any other address does not belong to the Company.
With each attempt to connect to the Website, you will be asked to provide your e-mail address, password and date of birth. This information will be checked against the data provided at the account’s creation. Should this information not correspond to the information in our files, connection to the Website will be denied.
Each time a connection is made to the Website using your information, the connection will be deemed to be made by you. You are responsible for logging-off the Website at the end of every session and for maintaining the confidentiality of your personal information. Any voluntary sharing of your personal information with a third party will result in the closure of your account and your exclusion from the Website.
The Company is in no way responsible for the use of the Website by a third party using your personal information.
You must inform the Company immediately should there be any unauthorized use of your personal data. Where you report any such unauthorized use, your Account will be promptly deactivated and our customer support team will commence an investigation.
Changes to your personal information
You must inform the Company about any change to your personal information, notably changes to your physical address or bank account. You must provide the Company with any documents justifying such changes within a delay of ONE (1) month from the date that you informed Company of the change. In case of a change of postal address, a new personal activation code will be sent. You must use this code on your account within a delay of SIX (6) weeks.
In case of non-compliance with this provision, or should the justification documents not identically match records maintained by Company, your account will be immediately closed.
Transfers between your Player account and your bank account
You must be the agent of any deposit made onto your Player account.
Your funds may be transferred exclusively to the bank account you registered with the Site. Such transfers can be made by you using the withdrawal pages provided in the Account section the Site.
An automatic transfer of sums from your poker account to your bank account will occur if the balance on your poker account exceeds the maximum account balance specified when you validated the account.
Money, loyalty points (miles), tournament entry tickets, promotional bonuses or coupons may not be transferred to another player.
2.4 Securing assets
In compliance with Article 151 of Law no. 2010-476 of 12th May 2010, amended by Law no. 2014-344 of 17th March 2014 regarding Consumer Affairs, the Company transfers the assets of finalised player accounts to a trust account managed by the company Equitis, a trust company headquartered in Paris, France (75017), under a contract securing player assets. The assets are thus not held by the Company but in a trust account managed by the trustee. By accepting these terms and conditions, the player agrees to benefit from the contract securing player assets stated herein.
Article 3: Account closure
The Company will close a player’s account when its owner:
- requested that the account be closed;
- did not submit all required justification documents within two months of opening a temporary account;
- did not submit all required justification documents within two months of modifying his or her personal information on the Website;
- did not enter the personal activation code sent by post within a delay of six weeks after the code was sent;
- has been banned from gaming under current regulations.
- has not been active on the account for a period of one year.
- has performed a self-exclusion of at least one year or permanently.
The closure of a player account will result in all sums being frozen on the account and the account will no longer be operational. All sums added to the account in the form of bonuses or promotional offers will be forfeit.
The closure of a player account will immediately result in a payment to the player’s bank account of the total funds present in the player’s account, on the condition that no fraudulent activity carried out by the holder resulted in their account being blocked.
If such a payment is not possible due to a fault of the player, such as if the player has changed their bank details without having informed the Company, fees shall be applied for the closure of the account at one per cent per month of the balance on the account, at a minimum of one euro per month. These fees apply only to closed accounts for which the transfer of the balance could not be performed for reasons attributable to the player.
The use of a closed account is not possible. The Miles and all sums added to the account in the form of bonuses or promotional offers will be forfeit.
Article 4: Loss of money, other gambling related risks and prevention tools
4.1 Loss of money
The Website provides poker games as a form of entertainment for players’ personal use.
You acknowledge that gambling is a risky activity that can result in the loss of money.
You should regularly check the Website for warnings and information concerning gambling related risks.
The Company is not, under any circumstances, responsible for any claims against money lost or damages incurred as a result of any real money gambling using the Website. Any player who plays on the Website does so voluntarily, at his or her discretion and at his or her own risk.
4.2 Other gambling risks and prevention tools
The Company does not recommend playing on the Website should you at any moment or in any manner believe that you may suffer from compulsive gambling or gambling addiction.
Limitation and self-exclusion tools as follows:
- you may at any time view your account balance, your loss and winning history, and your deposits and withdrawals;
- you may configure a maximum deposit amount and a maximum bet amount on the Website for daily, weekly and/or monthly periods;
- you may configure a maximum number of hours during which you can access the Site by day, week and/or month, after which you will no longer be able to play;
- you may configure a maximum real money loss amount on the Website by day, week and/or month;
- you may at any time either temporarily or permanently block your access to the Website.
- concerning poker, you may configure a maximum number of hours during which you can play per day and/or week and/or month, after which it will no longer be possible for you to start a new game;
- concerning sports betting, you may request to be forbidden from placing wagers while a sporting event is underway (“live”);
- concerning sports betting, you may request to be forbidden from placing wagers on (a) specific sport(s) of your choice.
By connecting to the Website, on the Account pages, you may at any time set-up or modify your gaming limits.
Similarly, you will be prompted during your registration, and subsequently by messages clearly visible on the Site to consult the pages dedicated to responsible gaming. You may also read in greater detail about risks related to excessive gaming. A questionnaire is available to test your sensitivity to excessive gaming and to help you identify if you may already show behavioural signs of problem gambling.
We remind you that you can also seek professional psychological help. An information and assistance service for the prevention of excessive and pathological gambling is available to players and to those around them. The contact information of this service is indicated on the Website. The Company supports responsible gambling, providing detailed information on the Website.
The Company reserves the right to warn individual players at any moment about the risks of excessive and pathological gambling.
The Company reserves the right to warn individual players at any moment about the risks of excessive or pathological gambling, as well as freeze temporarily or permanently the account of any player displaying pathological gambling behaviour.
Article 5: Fraudulent activity
The Company undertakes to ensure fair play and to fight against any fraudulent activity. The Company reserves the right to close any account belonging to a Player that Company deems to have engaged such activities.
The Company can immediately warn, suspend temporarily or indefinitely and/or terminate access to the Website, without limitation, where that a player:
- violates the present Agreement, of the poker or sports betting regulations;
- opens more than one account on the Website;
- engages in any form of fraud, collusion, or cheating (as defined below);
- gains any advantage through a third party, or utilizes any Prohibited Software (as defined below);
- uses a stolen or forged credit card, or uses false or stolen identity documents.
The Website has the necessary means to detect, prevent and punish such activities:
- A monitoring service manages player complaints and claims of fraud, collusion or cheating by other players. This service performs verifications, analyses and investigations, randomly or upon request, of game and hand histories as well as wagers placed on all sporting events (for which all data is systematically stored by the Website).
- An expert-designed automated monitoring system analyses a large number of criteria and raises an alert when it detects possible forms of cheating.
In case of suspected or proven fraud, collusion or cheating, the Website, depending on the seriousness of the infraction, will warn, suspend, or terminate the accounts (temporarily or permanently) of all parties concerned.
No matter the cause, where an Account is closed by the Company due to a violation of this Article 5, the Player will lose all right to bonuses and any other promotional offers that have already accrued in that Player’s Account.
The Company reserves the right to recuperate any gains made fraudulently, as well as any sums deposited that facilitated the generation of such gains.
Article 6: Prevention of money laundering
The Company uses several means to prevent money laundering on the Website:
- manual verification of player identities and compliance of all identity documents provided by players;
- prevention of direct money transfers between players;
- prohibition of any form of collusion, including the method by which a player intentionally loses money for the benefit of another player. The Website uses human and advanced technological means to detect and prevent such behaviour.
In cases of suspected money laundering, the Company suspends access to all concerned accounts in order to investigate and inform, where appropriate, the competent authorities. Following investigation, and in the absence of money laundering, the accounts are reopened and any blocked funds are returned to concerned players.
Article 7: Security audits
The Company reserves the right, but undertakes no responsibility, to audit the Website and services, and at any moment, to validate the identity and age of a player, as well as his or her registration data. In order to facilitate such audits, each player agrees to provide all information and documentation requested by Company. Should a player refuse such cooperation, the Company reserves the right to immediately close that player’s account.
The IP addresses, the dates and times of all connections by end-users to the Website, and information pertaining to each page viewed, are saved and stored by Company.
Please be advised that data concerning players on the Website is accessible for audit by public authorities where the Company is required to verify that it is meeting all regulatory obligations.
Article 8: Forums & chat
When you communicate with other players on a forum and/or on the Website’s chat, you agree not to use discriminatory, offensive, racist, violent, impolite, and illegal or any other language that violates the right of third parties.
It is also prohibited to advertise on the Site (sales messages or undesirable advertisements).
The Company reserves the right to exclude any player that violates this article from using the forum and chat. Exclusion can also lead to the temporary or permanent suspension of the player’s account.
Article 9: Claim procedure, free of charge
If you would like to make a claim (Website operation, account operation, inappropriate use of the chat or forum, etc.) you may contact the Company free of charge via e-mail at firstname.lastname@example.org oor by postal mail (cost to be reimbursed upon request) to the address as follows: WINAMAX – CS 50746, 75345BP 20464, 75327 PARIS CEDEX 07.
When a claim has been received, a file will be opened and a reference number will be assigned.
Company will attempt to answer all claims within 3 working days. Our Customer Support will follow each file until it has been resolved. Once resolved, the file will be closed and archived for a period of 6 years.
Article 10: Personal data and the right to make a claim
All player files are submitted to the CNIL under the number 1430126.
With regard to the processing of personal data, you are informed that the personal information collected by the Site is necessary for the proper operation of the Site. With the exception of the conditions mentioned in this article, this information is neither given to third parties nor used for marketing purposes.
In accordance with the Data Protection Act, you have a right to access, modify, delete and oppose the cession of your personal data; you can exercise your rights by contacting the Company by e-mail at email@example.com or by postal mail: WINAMAX – Customer Support, BP 20464, 75327 PARIS CEDEX 07.
By registering with the Website, you accept that your personal data be transmitted to the French Authority for the Regulation of Online Gaming (ARJEL). You are informed that, in conformity with the law number 2010-476 of May 12, 2010 concerning the opening of the French market to competition and the regulation of the online gambling sector, all operators must collect and store all collected data, including gaming data, in an electronic safe. The ARJEL may access this data at any time. The operator cannot modify the data contained within the electronic safe.
In accordance with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorism financing, as transposed into French law, payment providers, subject to due diligence obligations with regard to their customers, may request information and justification relating specifically but not limited to the identity of the player that used one of the payment methods offered by that provider, to his residence and to the source of the funds; the Company must respond to requests made by its payment providers and provide the requested information at its disposal.
As part of the measures put in place to control fraud or a conflict of interest, Winamax is permitted to transfer personal data to the French Rugny Federation and/or the National Rugby League, in compliance with the provisions of Act No. 78-17 of 6 January 1978 which is currently enforced.
The Company ensures that all account holder data will be stored over a period of six (6) years from the date the account is closed. At the end of this six year period, the Company deletes the data.
Article 11: Limitations of liability
The Company is not legally responsible vis-à-vis other players in case of violation of these Terms by any player, including in the case of fraudulent activity, money laundering, defamatory, degrading or racist remarks made by a player on the Site.
In the event of disconnection from the Site resulting from a malfunction of the player’s computer or internet connection, the Company is not liable for any money lost during the incident.
The player agrees that he or she will not communicate or transfer in any manner his or her log-in information to a third party.
Article 12: Force majeure
The Company cannot be held responsible for any interruption to the Website operations or services due to unforeseen circumstances or to causes beyond its control, including but not limited to: natural disasters, such as fires, floods, earthquakes, hurricanes, tropical storms, etc.; war, insurrection, arson, embargoes, acts of civil or military authorities or terrorism; failures in fibre optic cables, strikes, or lack of transportation, infrastructure, fuel, energy, labour or materials; failure of infrastructure providing telecommunications and information services; piracy (hacking), spam, computer, hardware or software failure.