Terms & Conditions
These terms and conditions ("Terms and Conditions") apply to the use of this website at https://www.esportgaming.com ("Website") and the provision of, and your use of the services offered at the Website ("Services"). In using this Website and/or accessing the Services, the Website visitor ("you") whether you are a registered user or a guest, agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website and accessing the Services.
IMPORTANT: YOU SHOULD CAREFULLY REVIEW THE TERMS AND CONDITIONS AS THE CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS, REMEDIES AND OBLIGATIONS CONCERNING THE USE OF THE WEBSITE.
The owner and operator of this website is ESport N.V. Company Registration number: 96248 of E-Commerce Park, Vredenberg, Curacao ("Operator "). For the purposes of these terms and conditions the term "we" and "us" constitutes a reference to the Operator.
Payments processed by ES Processing Limited of Suite 216, 2nd Floor, Tower Business Center, Tower Road, Swatar, Birkirkara, BKR4013 Malta, under the Companies Act, 1995.
We reserve the right to revise these Terms & Conditions at any time. Therefore, you should visit this page periodically to review the Terms and Conditions. Amendments will be binding and effective immediately upon publication on this Website. Your continued use of the Website following such publication will represent an agreement by you to be bound by the terms and conditions as amended.
The Website is operated in accordance with License No. 8084/JAZ2015-014 issued by Antillephone N.V. in accordance with the National Decree August 18, 1998 No. 14 in Curaçao.
Access, Use of the Website and Prohibited Jurisdictions
It is your responsibility to ensure that you comply with all laws in any jurisdiction that apply to your use of our Services or the Website. You must not register and account on the Website, gamble or otherwise use the Services provided via the Website if such activities are prohibited where you are based or if you are located within any of the following jurisdictions:
and any other jurisdiction in which the access of the Website or usage of the Services is prohibited.
Internet gambling may be illegal in the jurisdiction in which you are located. If so, you must not open an Account, deposit funds, place wagers etc. However, any wagers accepted from such jurisdictions may be accepted and the result of such wagers shall stand regardless of whether you win or lose. It is up to you to make sure that your access to this Website is not illegal or prohibited by laws or policies (such as employers' usage policies) that apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept any responsibility or liability for any interference or damage to your own computer which arises in connection with your use of this Website or any linked web site.
By accessing the Website and or registering an account, you accept these Terms and Conditions and acknowledge that you are over 18 years of age and are of:
in your country of residence and the jurisdiction from which you are accessing the Website to both use the Website and access the Services (" Legal Capacity").
YOU MUST NOT ACCESS THE WEBSITE OR UTILISE THE SERVICES IF YOU ARE NOT OF LEGAL CAPACITY.
Further you acknowledge and agree that by accessing the Website and/or using the Services, you are entering into a legal contract with us. We reserve the right to void any wagers if you are not of legal capacity. Should we suffer any loss or damage, as a result of a transaction entered into by a person without Legal Capacity, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the that person. We reserve the right to request proof of age documentation from you at any time.
Intellectual Property and Trade marks
All intellectual property and trade marks referred to on this Website are, unless otherwise expressed or implied, owned by or licensed to us.
This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners of operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained on linked websites by linking to such websites or allowing such websites to link to this Website.
You must not insert a link to the Website from any third party if in doing so you indicate any endorsement, sponsorship or approval from us.
Security of Information and data and system integrity
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit is at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
We do not represent or warrant that the Website or any content will be available uninterrupted or error free or that any defects in the Website will be corrected.
Waiver, Severance and Assignment
Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.
If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.
In the event that we merge, sell or otherwise change control of our business or company or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under these Terms and Conditions.
Governing law and complaints
These Terms and Conditions are governed by the law in force in Curacao and you agree to be bound by the non-exclusive jurisdiction of Curacao.
We would appreciate it if you would contact us first if you have any complaints or concerns regarding the Website, our Services or these Terms and Conditions. Please direct all such complaints and concerns to [email protected] However you can also direct such complaints and concerns to our legal regulator at:
Address: E-Commerce Park, E-Zone Vredenberg
Tel: +(599-9) 4338808
Fax: +(599-9) 4338809
Email: [email protected]
Use of Website Material
The contents of this Website, including text, graphics, images, logos, icons, photographs, audiovisual material and other content (" Website Material") are protected by copyright laws. Copyright in that material is owned by or licensed to us (including in accordance with these Terms and Conditions).
You may access, print and view the Website Material for the purpose of your personal use of this Website. Other than for the purposes of your personal use of this Website, and copyright and intellectual property legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
without our written permission.
You agree to use the Website only for purposes that are permitted by these Terms and Conditions and not prevented by any applicable law or regulation.
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
You agree not to link to the Website other than through its home page and you agree that we may block or withdraw any such link at any time and without notice.
We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions if the delay is caused by circumstances beyond our reasonable control, including:
Termination of access
Access to this Website and/or the Services may be terminated or suspended at any time by us without notice. To the extent possible these Terms and Conditions survive such termination.
We reserve the right to change (including to alter, remove or add functionality) the Website at any time. We do not guarantee that you will be able to access the Website or Services in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the Website or Services to you or to visitors or members generally, at our reasonable discretion and without prior notice to you. We may terminate your account or restrict your access to the Website or Services without prior notice to you if we reasonably consider that there has been a breach of these Terms and Conditions by you.
Without restricting our other rights, you agree that we may terminate your access to the Website and/or the Services, suspend/void your wagers and/or report you to third parties including but not limited to any applicable regulatory authority and banks and other financial institutions (" Reportable Parties") if we believe in our absolute discretion:
· you have or are suspected of engaged in any unlawful, illegal, fraudulent activity;
In reporting you to such Reportable Parties, you agree that we may provide them with any information you have provided us as well as any information we have concerning you and/or your activities on the Website and use of the Services
In submitting content to member areas, you warrant that you have the right to post that material and that in doing so you will not infringe any third party's intellectual property rights. You agree to indemnify us in the event of any breach of this provision.
We have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to the Website infringes or otherwise violates their intellectual property rights or their right to privacy.
While some posts or comments in member areas are monitored periodically for topicality, we do not pre-screen postings and will not be responsible or liable in respect of such content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity, personally identifiable information about other members that you learn using this Website (whether posted in a member area or e-mailed to you by a member) without the express written consent of such member.
The Website and its various community areas (which includes the Forum, Comment and Messaging functions) are free services that the Operator provides. While messages sent between users will be private, the Forum and Blog Comments shall be visible to all users. These areas may be monitored periodically, however we accept no responsibility in that regard. Blog comments and Forum posts will occur in real time unless otherwise stated (on occasion, some topics may be subject to moderation, which may cause small delays in posts going live).
We do not endorse, and specifically disclaim any responsibility or liability for, any content submitted to the member areas of the Website, including where the content relates to a discussion topic proposed by us.
We reserve the right to monitor content in the member areas and to remove content that, in our sole discretion, we determine to be harmful, offensive, unlawful or otherwise in violation of these Terms and Conditions.
We do not guarantee that we will display or continue to display every message or other content that you or any other users submit to the member areas. Also, we reserve the right to edit or abridge content for any reason at any time and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
You must abide by the following rules when accessing or using the Website and Services, including the Forum and Comment functions:
Any content you submit or upload to the Website will be considered non-confidential and non-proprietary.
We make no claim to ownership of the content submitted by you which must be submitted in accordance with these Terms and Conditions.
You warrant that you have the right to upload any material that you submit and that in doing so you will not in breach of any third party's intellectual property rights. You agree to indemnify us in the event of any breach of this provision.
You agree not to disclose to any person or entity, personally identifiable information about other members that you learn using this Website without the express written consent of such member.
We will not be responsible, or liable to any third party for the content you submit or upload or that is posted by any other user on the Website. The views expressed by you or other users on the Website do not represent our views or values.
We may display a ladder on the Website ranking users by their betting win rate (i.e. the user's username and the number of bets won/lost). However this ladder is an opt-in option and we will only publish your username and record of bets won/lost on this ladder if you so opt-in. The ladder will not show a user's personal details other than his or her username and nor will it provide details about how much actual money was won or lost.
Updates and newsletters
Registration and Accounts
In order to use the Services and access some features of the Website, you will need to be a registered member and open an account with us (" Account").
You may not use another member's Account.
You will be required to have a username.
You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
We may in our absolute sole discretion, refuse any application to open an Account and subject to applicable law, we may close your Account at any time and without needing to provide a reason.
You agree that we may disclose information you provide to us to third parties in order to verify your identity and to confirm that the information you have provided is truthful and accurate.
We may close your Account if you have not placed a wager, made a deposit made a withdrawal during any consecutive 24 month period. We will endeavour to provide you with at least 60 days' notice to the email address you have registered on your Account prior to closing your Account. Any monies in your account at the time of closing it will be forfeited unless the law requires otherwise.
Disclaimer and Indemnity
TO THE EXTENT PERMISSIBLE UNDER LAW WE ARE SUBJECT TO, WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ITS CONTENTS OR THE SERVICES. FURTHER, THE OPINIONS EXPRESSED AT THE WEBSITE DO NOT NECESSARILY REFLECT OUR OPINIONS.
WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED (INCLUDING THROUGH NEGLIGENCE) WHICH YOU MAY DIRECTLY OR INDIRECTLY SUFFER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICES OR ANY LINKED WEBSITE, NOR DO WE ACCEPT ANY RESPONSIBILITY FOR ANY SUCH LOSS ARISING OUT OF YOUR USE OF OR RELIANCE ON INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE OR VIA THE SERVICES.
WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES OR YOUR RELIANCE ON THE INFORMATION AVAILABLE ON THE WEBSITE. THIS INCLUDES BUT IS NOT LIMITED TO ANY PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY.
YOU AGREE TO FULLY INDEMNIFY AND HOLD US HARMLESS AGAINST ANY EXPENSES, COSTS, LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS) THAT WE MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND ANY BREACH OF THESE TERMS AND CONDITIONS.
TO THE EXTENT PERMITTED BY LAW TO WHICH WE ARE SUBJECT, ANY CONDITION OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS HEREBY EXCLUDED. WHERE LEGISLATION IMPLIES ANY CONDITION OR WARRANTY, AND THAT LEGISLATION PROHIBITS US FROM EXCLUDING OR MODIFYING THE APPLICATION OF OR OUR LIABILITY UNDER ANY SUCH CONDITION OR WARRANTY, THAT CONDITION OR WARRANTY WILL BE DEEMED INCLUDED BUT OUR LIABILITY WILL BE LIMITED FOR A BREACH OF THAT CONDITION OR WARRANTY TO ONE OR MORE OF THE FOLLOWING THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
WHERE ANY LAW IMPLIES A WARRANTY INTO THESE TERMS AND CONDITIONS WHICH MAY NOT BE LAWFULLY EXCLUDED THEN TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR BREACH OF THE WARRANTY WILL BE LIMITED TO THE MINIMUM REMEDY PROVIDED FOR IN THAT LAW.
Purchasing and Payment
Some areas of the Website and the use of the Services require you to pay a fee as disclosed on the Website.
All prices listed on the Website are listed in Euros (EUR€) and we only accept payment in that currency. Prices are current at time of display but are subject to change on prior notice. Payments made to us in currencies other than EUR€ will be converted by our payment processor to EUR€ at the processors then prevailing rate and will be deducted from your deposit. You will also be liable for your own financial providers' bank and services fees.
We do not permit transfer of moneys between member Accounts. We may reverse any transaction that we, in our absolute discretion believe or have reason to believe constitutes such a transfer.
Where we believe you have engaged in fraudulent or criminal activity or otherwise breach these Terms and Conditions, any monies held by us in your Account, together with any winnings (whether or not yet paid) will be forfeited as permissible by applicable laws and regulations.
Payment must be effected in the manner described on the Website (credit card, debit card and any other method indicated such as PayPal) and must be received in full prior to provision of access. If paying with a credit card, there may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions. Any charges will be subject to change and will vary by payment method, you should refer to the transaction price provided at the time of making such payment, in addition merchant fees will be listed in our support page FAQ. Click Here For Fee Information
You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before providing access to portions of the Website or Services.
You acknowledge that despite our reasonable precautions, we may list an incorrect price, betting odd or incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order or wager has been confirmed and/or your credit card has been charged.
You must not access the Website using a virtual private network or any program or service which could have the effect of making your access to the Website appear to be from a location you are not physically located in or masking your IP address.
If we incur any fees in relation to your deposit, you agree that we may either charge you an additional amount to cover those fees or withdraw them from your deposit or any monies we are liable to pay you (including for the avoidance of doubt, any winnings).
If any deposit made by you is clawed or charged back for any reason, then you agree that:
· any winnings from wagers placed by you are forfeited if those winnings were the result of wagers utilising those clawed or charged back funds;
· any amounts clawed or charged back will be a debt due and payable immediately to us by you;
· we may deduct from any monies held in your Account such claw or charge back.
You must only deposit money in your Account for the purposes of placing wagers on the Website. We shall be entitled to suspend or close your Account if we consider or have reason to believe that you are depositing money without any intention to place bets or for any other reason. In such circumstances we may also report this to relevant authorities.
Unless we otherwise agree, all withdrawals will be processed to the payment account from which the deposits were made and can only be made in the name of and to the registered holder of the Account.
Withdrawals may only be made via deposit to your account or credit card.
Any promotional credits, bonuses or similar provided by us may not be withdrawn.
Costs of collection and/or breach
You agree to pay (on a full indemnity basis) all our costs and expenses, including the costs of our legal advisers, mercantile agents and others acting on our behalf in respect of anything instituted or being considered as a result of any breach of these Terms and Conditions or breach of any dealings by you with us.
We will not provide you with credit under any circumstances.
It is your responsibility to make sure that details of your wagers are correct as once wagers have been placed they may not be cancelled or changed by you. We however reserve the right to cancel any wager at any time.
Wagers will only be accepted if placed via the Website or an application approved by us (e.g. mobile app).
You agree that we may, for any reason in our sole discretion, reject, withdraw or otherwise refuse any wager you make, or attempt to make via the Website and we will have no liability to you in relation to such rejection, withdrawal of refusal.
Notwithstanding that our Website indicates a period of time in which wagers on a particular game may be placed, we may open, suspend or close wagering at any time.
All wagers are placed at your own risk and discretion.
Winnings will only be deposited to the Account from which the relevant wager was placed.
The maximum wager (including both team options plus draw option) is €300 EUR and the minimum wager per team or draw option is €1 EUR.
The Operator's logs will be considered to be conclusive evidence (subject to applicable law) in the event of any dispute concerning the timing of, or the placement of, any wager.
The maximum amount which can be won for a wager placed via the Website is EUR€10,000. All such winnings will be capped at that maximum notwithstanding any stated on the Website to the contrary.
Special promotions and features
Our decisions are final
Unless otherwise required by law to which we are subject, our decisions are final concerning such things as:
· a decision or discretion made or exercised by us under these Terms and Conditions; and
· the outcome of a game for which you have placed a wager.
We are entitled to set-off or deduct moneys you owe us, from any amount payable by us to you.
It is your responsibility to report your winnings and losses to the appropriate tax and/or other appropriate authorities in your jurisdiction.
The start dates and times displayed on the Website for E-Sport matches are an indication only and are not guaranteed to be correct. If a match is suspended or postponed, and not resumed within 72 hours from the actual scheduled start time, the match will have no action and wagers will be refunded.
If the name of a player/team is misspelled, all wagers will stand unless determined otherwise by us.
If in an official match a player plays with the wrong nickname or on a "smurf-account", the result is still valid.
If a team is using stand-ins, the result is still valid as it was the team's choice to use the stand-ins.
All wagers will be settled using the official result as declared by the relevant governing body of the competition concerned.
Should a player/team withdraw before a tournament begins, or retire during a tournament, wagers on that player/team to win the tournament, or to advance in tournament, will be cancelled and monies refunded. If the respective player/team withdraws before the tournament begins while being listed on the Website, then wagers on whether a player/team advances in tournament or wins the tournament, will have no action and monies refunded - this applies to all players/teams participating in the tournament.
If the announced number of maps/rounds is changed, all wagers on the handicap or total are cancelled. Wagers on the outcome of the match remain valid.
If a match result is over-turned for any reason by the governing body of the match within the payout period then all money will be refunded.
If a draw occurs in a game where a draw option is offered anyone who voted on a team or player to win will lose. If a draw option is not offered then everyone receives a refund in the outcome of a draw on the match.
If a result cannot be validated by us, for instance if the feed broadcasting the event is interrupted (and cannot be verified by another source) then at our election, the wagers on that event will be deemed invalid and wagers refunded.