General Terms and Conditions
CLIENT AGREEMENT REGARDING USE OF ENERGY SERVICES
These terms and conditions ("T&Cs" or "agreement") constitute and govern the contractual relationship between the parties, Probe Investments Ltd hereinafter referred to as "Energy" and "us", and you, as the user, hereinafter referred to as "you", "user" or "player".
The following words and terms should be interpreted as follows unless the context clearly implies otherwise.
"Registration form" means the form to be filled in by the player to open a "user account".
"Game" refers to any gaming activity presented by Energy on its internet site for the benefit of users and as approved by the Regulatory Authority.
"Login and password" means the login and password details that are chosen by a player upon registering with the online Casino and Sportsbook services.
"Regulatory Authority" is the Malta Gaming Authority (MGA) Building SCM 02-03, Level 4, SmartCity Malta, Ricasoli SCM1001, Malta (http://www.mga.org.mt), which is the regulator of remote gaming operations.
"Service" shall include all Energy services and game offer activities related to and listed on www.energycasino.com and www.energybet.com including but not limited to online casino and sportsbook services.
"Live Casino" or "Online Casino" is an online version of a traditional casino, enabling users to play and wager on casino games via the internet in real time.
"Software" means the software licensed by us - including all programs, databases, and any other derived content - whether accessible or otherwise used by the user through the internet website, allowing the user to participate in the online sportsbook and casino.
"Us", "we" or "Energy " means EnergyCasino, EnergyBet or Probe Investments Limited.
"User account", "player account", "gaming account" or "account" means a personal account opened by an individual and maintained by Energy as to allow this person to participate in the online sportsbook and casino.
"You", "user", "player", "account holder" means the user of the service, and the software accessible through the internet site, who has a contractual relationship with Energy.
"Money player" means individuals over 18 years of age, who participate in games for money (stake real money on "games for money"). Users can participate in games as "test player" without wagering money or as "money player" wagering real money.
"Demo games" or "games for fun" mean games as defined in this agreement that are offered for limited gameplay in a special game mode which does not involve payment from the user to the operator. The sole purpose of this mode (games for fun) is to offer the possibility for the user ("test player") to try out the games offered before staking real money.
a. "Energy" in these terms and conditions refers to Probe Investments Ltd, a company incorporated in Malta, having the following registered address:
Probe Investments LTD.
Suite 109, Level 4, Sir William Reid Street,
b. The term, "user" or "you" refers to any individual or entity that expressly or impliedly agrees to all terms and conditions of Energy by opening an account and placing bets on games on all of Energy’s websites.
c. All users accessing the Energy website agree to abide by the following terms and conditions governing the use of its services (the "agreement").
d. By registering with Energy, you acknowledge that sports betting is unavailable for customers residing in Germany.
e. This agreement describes the terms, conditions and risks applicable to the user of Energy services available under the domain of www.energycasino.com and www.energybet.com (the "site" or the "sites"). If you have any questions regarding this agreement, you should contact Customer Support.
f. You must read, agree with and accept all of the terms and conditions contained in this agreement without modification, which include those terms and conditions expressly set forth below and those incorporated by reference, before you may become an active, registered user of Energy services. By continuing to access or use the site, you agree to follow the terms and conditions of this agreement.
h. This agreement shall be governed by and interpreted in accordance with the laws of Malta, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this agreement will be brought exclusively in courts located in Malta, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
i. Energy will not be liable in any way to any persons in the event of force majeure, or for the act of any government or legal authority. In the event that any provision in this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
j. Failure of a party to enforce any right or provision of this agreement will not be deemed a waiver of such right or provision.
k. Energy may assign this agreement or any rights and/or obligations hereunder without the user’s consent.
l. Energy may revise the terms of this agreement from time to time by posting the amended terms on the website. In case of modification to these terms and conditions, on logging into his/her account with Energy, the user will be informed by a pop-up box that the terms and conditions have been updated. The user will be requested to agree with the updated terms and conditions before they continue to use the service. If the user does not agree to be bound by the changes to the terms and conditions of this agreement, the user account will be closed.
m. Energy is operated by Probe Investments Limited which is registered under the laws of the European Union member state of Malta. It has registration number C51749, with trading address at Suite 109, Level 4, Sir William Reid Street, Gzira, GZR1033, Malta.
n. Probe Investments Limited is authorized to operate a sportsbook and a remote casino under the B2C Licence number MGA/B2C/224/2012 issued on 01/08/2018 by Malta Gaming Authority (MGA).
o. Should there be any discrepancy between the terms and conditions in the English language version and versions in any other language, the English version will supersede. The prevailing language in case of interpretation will be the English language. All language versions of the terms and conditions will reflect the same principles.
2. ONLINE SERVICES AGREEMENT
This agreement is made by, and between, Energy and the user. This agreement applies to the Energy websites, including its electronic content and/or software currently contained on the website that supplies the user with games and sportsbook services offered by Energy.
Energy reserves the right to impose certain conditions (beyond those detailed in clauses 3,4,5,6,7) on the admission of players to games (e.g. minimum number of completed games, verification of transacted payments) and to extend or change the services on the website at any time.
3. MEMBERSHIP ELIGIBILITY
a. The services are available to, and may only be used by, individuals who can form legally binding contracts under the law applicable to their country of domicile. It is the user’s responsibility to ensure that their betting is legal.
b. Services are not available to persons under the age of 18, or otherwise under legal age ("minors"). If you are a minor, you may not utilise this service. Participation in games for money (as a "money player") is exclusively reserved for individuals over 18 years of age.
c. Energy is entitled to require you to provide proof of age and to disable your activity if we have reason to believe that the minimum age requirement is not fulfilled.
d. In all circumstances we shall not be held responsible for misuse of our services by any unauthorised parties.
e. Energy services are not available to those residing in regions where Energy’s operations would be deemed illegal to use by local laws (including but not limited to the United States). Energy reserves the right to refuse and/or cancel services if we have grounds to believe that such user misconduct is occurring.
4. REGISTRATION INFORMATION
a. In order to participate in games as a player, you must complete the registration form on the website www.energycasino.com or www.energybet.com and open a "player account". You must fill in the registration form provided by Energy which shall at least include the following details:
(I) Your identity. You warrant to provide true, accurate, current and complete information regarding your identity during the registration process. Any false information or impersonation of any person or entity, misrepresentation regarding any affiliation with another person, entity or association, the use of false headers or other acts or omissions to conceal one’s identity from Energy for any purpose will be prosecuted under the fullest extent of the law. A user accessing Energy services may be asked to provide valid subsisting verification of identity and relevant information.
(II) Date of birth. You assure Energy that you are over 18 years of age. No person under 18 years of age may be registered as a player; it is a criminal offence to gamble underage. If despite the checks put in place by Energy, a minor manages to make use of gambling services, any winnings shall be retained by Energy, while any money wagered shall be returned.
Energy reserves the right to verify the date of birth supplied at the registration stage before you are allowed to:
• Deposit funds into an account;
• Access any free-to-play games/fun games;
• Gamble with your own money or Energy bonus.
(III) Your place of residence. Please note that you may be asked to prove your place of residence by providing proof of identity such as an identity card, passport or driving licence; and/or a utility bill or a bank statement issued within the last six months.
(IV) Your valid email address and mobile phone number.
(V) Personal and confidential username ("pseudonym", "nickname"). The username must be unique and clearly identifiable. Offensive or indecent names are not allowed. Further prohibited are usernames that contain or allude to an internet link or account names, or which allude to certain rights of the user (ex. the term "administrator" is reserved for Energy). We reserve the right to suspend an account with an unacceptable username. Accounts can be reactivated as soon as a suitable and acceptable alternative has been chosen.
(VI) Password. You are advised to choose a strong and non-predictable password for security, and it is your responsibility for ensuring that this password is kept secret.
b. During the registration process, you must provide Energy with valid identification, including but not limited to your address, contact email and mobile number.
c. You shall ensure that registration details are kept up-to-date and shall make any necessary changes of name, address or email address on Energy website without undue delay. You are responsible for informing us immediately regarding any changes to your personal information.
d. If your address and country of residence no longer correspond to the location you indicated when registering your account, and you now fall under another legal jurisdiction, you must close your account and register again with the new address.
e. If during user verification it becomes apparent that the information provided by you is false or inaccurate, Energy is entitled to suspend or terminate your account and retain any winnings including cases that involve self-excluded accounts.
f. When you submit your first request for withdrawal, details of your personal bank account, or any other acceptable payment method available for such withdrawal, should be provided to Energy.
g. You are responsible for securing the username and password for your account with Energy. Energy holds no responsibility for any damage caused due to any act or omission of the user causing inappropriate or irregular use of their account.
h. You must register personally and not on behalf of someone else.
i. You are not allowed to register if you are already registered on Energy websites with an active account. Only one account per person is allowed. Holding more than one account is known as "multi-accounting", this is strictly forbidden and directly deemed to be fraudulent, regardless of whether the other account is registered under your own details, other Energy users’ details, third parties’ details (other than Energy users) or false details. Energy reserves the right to close any user account, at any time. If we consider that multiple accounts have been opened in genuine error, the unused balances will be returned back to the user. If Energy has reasonable grounds to believe that fraud has been committed, Energy reserves the right to cancel any related transaction, any bonus or any other promotion, without prejudice to any other action or redress to which we might avail ourselves.
k. It is prohibited for you to sell, transfer and/or acquire accounts to/from other users. Funds can only be remitted to the same account from where they originated at the deposit stage.
l. You declare not to deposit money using a credit card, bank accounts, and any other payment accounts and solutions, to which you are not authorised.
m. You are not allowed to use business/company credit cards or bank accounts to deposit funds into your user account.
n. You are not allowed to make deposits into an account for any reason other than participating in games; depositing for particular illegal purposes (e.g. money laundering) is not allowed; depositing money originating from criminal and/or other unauthorised activities is also prohibited.
o. If you breach any provision of these T&Cs or we have a reasonable ground to suspect that you have breached them, we reserve the right to decline to reopen your account, to suspend or close your account, and to withhold payment of any winnings.
p. The registration and set-up of a gaming and sportsbook account are free of charge.
r. There is no general right to registration and participation in the games and sportsbook services.
s. You declare that you are not currently, or have never been, diagnosed as a compulsive gambler and do not have any mental issues which might affect your judgement or decision-making.
5. PASSWORD SECURITY
a. Users are advised to choose a strong and non-predictable password for the purpose of account security. Users are responsible for ensuring the safe-keeping of said password.
b. Gameplay on the website using a player’s username and security details will be regarded as valid, irrespective of who participates in the game or sportsbook services. If any concerns regarding the secrecy of such details arise, the user should notify Energy immediately, and new security details will be created - any future transactions under the previous details will be flagged and considered void.
c. Energy is in no way responsible for the possible access to a user account by a third party and will not be held responsible for any losses incurred, due to the illicit use of a user’s password by a third party. Including, but not limited to; unauthorised access, and/or any transaction in which the name and password of a user was registered correctly.
6. LEGAL RESTRICTIONS
a. You confirm understanding of the local regional laws regarding online gambling, and it is your obligation alone to ensure compliance with any law, regulation or directive, relevant to your region of residence. The ability to access the Energy website does not necessarily mean that the use of Energy services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your region of residence.
b. You understand and accept that Energy is unable to provide you with any legal advice or assurances and that it is solely your responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to play the games. Any participation in the games is at your sole discretion and risk. By playing the games, you acknowledge that you do not find the games or services to be offensive, objectionable, unfair, or indecent in any way.
c. You guarantee at all times not to be a resident of the "Excluded Countries": Australia, Belgium, Curacao, Czech Republic, Democratic People's Republic of Korea, Denmark, Estonia, Ethiopia, France, Hong Kong, Iran, Iraq, Israel, Italy, Latvia, Lithuania, Pakistan, Romania, Serbia, Slovakia, Spain, Sri Lanka, Sweden, Switzerland, Syria, Trinidad & Tobago, Turkey, Tunisia, the United States, Yemen and/or restricted by limited legal capacity.
d. Energy reserves the right to close your account permanently and confiscate any potential winnings, should you violate this condition and register from any of the currently "Excluded Countries".
e. Energy does not intend that the website should be used for betting or any other purposes by users present in countries in which such activities are illegal. Energy’s website does not constitute an offer, solicitation or invitation by Energy for the use of the games or other services in any jurisdiction in which such activities are prohibited by law.
f. You shall not treat the licensee as a financial institution nor expect interest on your deposits.
7. LIVE CASINO
Energy offers Live Casino fully operated by Probe Investments Limited under the licence MGA/B2C/224/2012 issued by Malta Gaming Authority (MGA), Malta's single regulatory body. The rules of the games can be found hereunder.
a. When playing in Live Casino, the player is allowed to play at only one table at a time. Playing at multiple tables at the same time is strictly forbidden.
b. All live casino games tables and chat rooms are monitored and moderated by employees of the corresponding live casino provider. In case of any concerns, the player can contact the Live Casino dealer at any time. However, using abusive or offensive language, making matrimonial offers, sexual comments or threats is strictly prohibited.
c. In the case of a croupier mistake, the video footage of the contested hand will be reviewed by the Live Casino manager. The management’s decision is decisive. If it is decided that a mistake was made by the provider, all contested stakes will be refunded to the player in that particular hand. Should a player find Energy's decision unsatisfactory, they can seek an alternate dispute arbitration, whose decision will be deemed final.
d. Live Casino games can be played for real money only. Bonus Money cannot be used. The operator prohibits placing bets explicitly and/or persistently with money and/or bonus money, where the chances of winning equal or more than 70% (sure bet). The operator reserves the right to block the player’s account and to prevent and/or withhold any winnings or payout obtained by the violation of the platform’s rules and/or by any other violations of the terms and conditions.
e. Games provided by Evolution Gaming are not available for players residing in: Manitoba, British Columbia and Quebec.
f. The above Live Casino rules shall also apply as a supplement to the General Terms and Conditions of Energy.
8. LIMITED USE
a. Energy grants you non-exclusive, non-transferable and limited personal use to access the website (the "license"). The use of the website is conditional on your continued compliance with the terms and conditions of this agreement.
b. You agree not to resell marketing materials provided to you by Energy or permit secured access of the website to others, and not to copy any materials appearing on the website for resale or for any other purpose to others without the prior written consent of Energy.
c. You shall be responsible and bound by any unauthorized use of the website, made in breach of this section.
d. You agree to use the information received from the information systems of Energy for the sole purpose of executing transactions solely within the website.
e. You further agree not to use any electronic communication feature of a service on the website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening or hateful.
f. The license granted under this agreement will terminate if Energy believes that any information provided by the user, including the user’s email address, is no longer current or accurate; if the user fails to otherwise comply with any term or condition of this agreement and all rules and guidelines for each service; or Energy establishes that the user has abused in any way Energy’s games and services. Upon clear notification of such violation, you agree to cease accessing services. You agree that Energy may terminate your access to any or all services, close your open transactions, remove and discard any information or content with Energy services due to the breach of the provision of this agreement.
9. SPORTSBOOK SERVICES
a. Placing Bets:
(I) When a bet is placed and accepted, the corresponding amount is charged against your Energy account. You must check that the bet instructions which you have submitted are correct before confirming the bet. It is not possible to cancel or change the bet after the bet is confirmed. Energy reserves the right not to accept, or to only accept a part of, any bet.
(II) Bets will be dealt with in the received order, in the case of several bets being submitted by a user.
(III) A number of bets may be treated as being a singular bet when a customer sends multiple copies of the same bet. Energy reserves the right to void all bets where there may be evidence of collusion between two or more users or where there is a suspicion that the account is being used by multiple individuals.
(IV) The acceptance and payout of bets are subject to different limits. These, in particular, include limits on the staked amount of the bet, betting market’s limits, maximum payout limits and personal customer limits. These limits are generally subject to change without notice and will be stated on the betting note or listed on the account. Energy reserves the right to limit the stakes of bets before accepting a bet and/or to change the odds before a bet is placed.
(V) All prices and odds are subject to fluctuation. Any pre-match bet that is accepted after the official start time will be void unless otherwise stated (such as in the case of live in-play bets).
b. Valid Bets:
(I) A bet is only deemed to be valid once a transaction code has been issued. The bet can then be viewed under the "My bets" section.
(II) You acknowledge that it is your responsibility to ensure full comprehension and understanding, regarding the applicable regulations and the methods, rules and procedures of online gambling in general.
(III) Energy is not responsible for a bet not being placed for any reason, including but not limited to computer malfunctions, failure of telecommunications services or internet connectivity. Energy will not action bets that have been submitted to us but not confirmed as described in clause (II) above.
(IV) You shall not employ or make use of any system or artificial intelligence software including but not limited to hardware, software, or any other automated systems designed specifically to exploit our software. We will not honour any bets in which you have employed or made use of such systems or artificial intelligence software.
(I) Winnings will be credited to the user’s account following confirmation of the result by our traders.
(II) Energy shall not be responsible for any lost, late, illegible, incomplete, damaged, misdirected, or physical mail with regards to requests, prize claims or entries sent by the player. Any request, prize claims or entry materials which we do receive shall become the property of Energy upon receipt and will not be returned to the player and, therefore, we advise to retain a copy of any such materials.
(III) The maximum payout for each bet/ticket to a user is €75,000.00 for any amount placed and for any type of bet, whether it be a single, multiple or a system bet. In the case of a system bet, for example: if the sum of the payout of any winning column exceeds the limit of €75,000.00, Energy will credit the user no more than €75.000,00 in total. If it turns out that a user (registered in any region) has opened several accounts and has placed the same bet several times, contrary to these terms and conditions, the winning limit applies to the total of the winnings gained from these bets.
d. Betting and Sporting Rules:
(I) Betting rules are processed and executed in English. Energy reserves the right to translate the T&Cs (including sporting and betting rules) into other selected languages. The English version of the T&Cs will always prevail, should it transpire that there is a discrepancy in the translated content of the terms and conditions, from the original English content. This also applies to any game or text on the website, as well as any information concerning bonus programs, marketing campaigns and other related issues.
(II) The rules and regulations are divided into General Rules and Special Rules dedicated to specific sports. In specific situations, special betting rules would apply to certain types of sports and betting markets. These special betting rules will in such cases have precedence over the general betting rules.
(III) In addition to these rules and regulations, other manually added special rules that are found under "Events" and "Markets" on the website shall be considered as part of these rules and regulations.
(IV) A user’s bet placement constitutes acceptance of the validity of the present version of Sportsbook Terms & Conditions.
e. General rules and arrangements regarding the placement, settlement and payout of bets:
(I) You declare upon the placement of bets:
• That you are at least 18 years of age and the personal information provided in the registration process is truthful and up to date.
•That you have been sufficiently informed of, and accept, the betting rules for all types of sports, as well as the betting and payout limits.
• You are not aware or do not have knowledge of the outcome of the event upon which the respective bet is placed prior to the conclusion of the agreement.
• You are not involved and will not be involved in any manipulations which could influence the outcome of an event or several events which you bet on, and that you are not aware of any manipulations of these events.
• That the funds with which you place bets do not stem from any unlawful activity and that you are legally entitled to dispose of such funds.
• That you have read the information available on the topic of the dangers of addiction to gaming with respect to betting and gambling, and that you have not requested to be barred from gambling or betting with any other gambling operators, or are already barred from gambling or betting at these.
• That you place bets for yourself as an individual, and not upon the commission, or in association with other third parties.
• That you are not a member of a group which is barred from betting on this website, these are in particular: participants in the betting events on offer, active athletes or contestants, functionaries, coaches, staff members of bookmakers or bet-placement companies.
(II) Energy is not subject to any obligation to review the correctness of the declarations as set out in paragraph e. subparagraph (i). Energy and Probe Investments are entitled at any time to cancel all or selected bets (including retroactively) and/or to void any winnings resulting therefrom after receiving knowledge of misrepresentations or confirming fraudulent betting, to prevent the customer from all future betting, to close the betting account and to pay out the remaining funds in the account.
(III) The betting agreement shall come about through the acceptance of a betting offer. For a bet to be valid and correct, the bet which is electronically saved on the central Energy server shall apply. This may be viewed on the account. Any unilateral right to withdraw from the agreement on the user’s part (cancellation of bets) following the conclusion of the agreements is excluded. The user may correct or delete the betting slip until the final confirmation of the placement of the bet. Upon the confirmation of the placement of the bet, the user shall be obligated to fulfil the agreement and waives any right to revocation or withdrawal from the agreement. The user may only appeal placed bets in such case that they are deemed incorrect or incomplete as per fault or failure of Energy.
(IV) There shall be no obligation on the part of Energy to list additional information such as the type of competition (e.g. league match or cup match), shorter/extra time matches (e.g. in the case of friendly matches, mini-tournaments, youth matches, indoor matches, etc.), match sites (e.g. neutral grounds), racing distances etc. If additional information is nevertheless provided, this shall be without engagement and not have any influence on the settlement of the bets. The same shall apply to all types of statistics, tables and live scores.
(V) Energy reserves the right to void respective bets (including retroactively) if there is a suspicion or confirmation of manipulation or betting fraud. In legal terms, this shall mean that the staked funds in the bets in question shall be credited back to the betting account and the user shall be barred from future betting. The betting account shall thereafter be closed, and the remaining funds in the account can be paid out.
Suspicion of manipulation or betting fraud is, in particular, deemed to be present if one or more of the following criteria have been met:
• Staked funds on betting events with an unusual outcome
• Staked funds with unusually high payout results
• Multiple betting with unusual matches/leagues
• Staged bets with the same or pronounced changes in combinations
• Betting which suggests a group of betters are connected in terms of time and content
(VI) No user is permitted to have more than one sportsbook account. Energy reserves the right to terminate duplicate accounts. In such cases, all relevant data will be transferred to the most active account of the respective user. Energy reserves the right to revoke a user’s privilege if a user has placed identical bets with two/or more accounts. This might lead to the confiscation of winnings and cancellation of all placed bets, including already determined bets.
(VII) The settlement of bets shall be performed after the ranking is announced. In the event of the suspicion of fraud in relation to match-fixing of a particular event, Energy reserves the right to settle the funds after any investigations are complete. Disputed settlements or amounts credited for winnings, regardless of the type, must be received in writing (by mail, fax or email) no later than 14 days after the settlement of the bet at Energy.
(VIII) It is the responsibility of the user to report any amount credited to his account by mistake immediately. All winnings occurring as a result of such error or mistake are considered invalid despite the circumstances, and as such Energy has the right to revoke all mistakenly credited funds.
(IX) Energy reserves the right to correct any obvious errors or mistakes and to take the necessary steps to provide a fair and transparent service for users. An obvious error could be made as a result of human error or system-related technical problems which might lead to incorrect information published on the website. For example, an incorrectly displayed (reversed) handicap line, wrong over/under line, clearly wrong odds or an incorrect decimal place (25 instead of 2.5 for instance), the wrong name of the team or participant, incorrect deadlines or technical errors etc. In case of obvious errors, Energy reserves the right to deem all affected bets invalid and refund all stakes. Additionally, if the bet is accepted at a price that is significantly different from those available in the general market at the time the bet was made, or clearly incorrect considering the chance of the outcome occurring, then Energy has the right to void all such bets.
(X) It is not permitted to place bets within the same coupon that have a clear correlation between the chosen selections. These kinds of bets might be deemed void even after the result of the event is determined.
(XI) If the event has started before the scheduled starting time and is not offered in live betting, then all bets placed after the actual start of the event (start of the match, the beginning of the "set" or "race" etc.) will be declared invalid and refunded.
(XIl) The maximum stake of a bet depends on the amount Energy accepts at the time the bet is placed and may vary for each sport and individual user. If the bet is higher than the automatic acceptance level set by Energy (such amount might be changed without prior notice), then the stake will be examined manually. All bets sent for manual acceptance may be rejected, partially accepted or fully accepted, regardless of how the request is made by the user. Energy reserves the right to decline any bet that is up for manual approval. Any such bet that, for whatever reason, has not been manually reviewed before the game starting time, will get automatically voided. Energy reserves the right to separately establish all betting limits for each individual user and bet.
(XIII) If for some reason, a betting market or event is not covered by the rules and regulations, including special rules placed on the betting market on the website, Energy reserves the right to determine the outcome of each event on a case-by-case basis.
• In case of possible interference in the match result and the formation of the evaluation of the game (including cases of suspicion in match-fixing), Energy reserves the right to suspend the payments of the winnings or to cancel the bets on this match, as well as hand over the information on relevant side to the appropriate authorities for further investigation and prevention of similar incidents.
• Energy reserves the right to suspend the payment of the winnings and make a return on the stakes to the event, if there are solid grounds to believe this match was negotiable. Such grounds may be based on the size, number and nature of the bets made by one or all of the possible methods of betting.
The decision of the governing bodies of relevant federations and regulatory bodies are also taken into account. In such cases, Energy reserves the right to hand over the information on related party to the governing bodies for further investigation and preventing similar incidents.
f. General Betting Rules.
In the case of any discrepancy between the rules and regulations, for example between Special Rules for the specific sport and Specific Rules on the event or market, the following order of priority will be applied (in order of their importance):
(I) Specific Rules for the event/market (available next to the event or market on the website)
(II) Special Rules for the sport
(III) General Betting Rules
(IV) Terms and Conditions.
a. Misconduct by users is forbidden on the website. The user’s behaviour is deemed as a violation of these terms and conditions, whenever, but not exclusively, if the user:
(I) intentionally provides inaccurate or incomplete information;
(II) attempts to manipulate the result of games through concerted practices, alterations of the program or in any other undue way;
(III) deliberately causes malfunctions or defects of the website in order to undermine the natural flow of the game;
(IV) sets up more than one account per person or colludes with other players, in any way, in an attempt to take advantage or undermine the outcome of a game(s);
(V) uses a proxy to hide or alter the identity of the device in order to connect to the website;
(VI) uses abusive or offensive language in email messages and/or during live chat, makes matrimonial offers, pornographic references or sexual comments, sends spam, threatening messages, uses verbal abuse or slurs towards Energy and its employees. Any violation of this policy will result in the ending of the conversation and suspension of the user’s account for an indefinite period of time.
b. The user will not decompile or attempt to decompile the software on Energy’s website or develop software that interferes with the Client-Server-Communication software used on its website.
c. The use of any software program which facilitates artificial intelligence is strictly prohibited. Prohibited software may include software which Energy believes allows the player to cheat or gives the player an unjust advantage while wagering on the website. Energy reserves the right to take action in order to detect and prevent the use of such software by users. Energy reserves the right to freeze a relevant user’s account for a period of at least six (6) months, to confiscate any funds in that account and/or to suspend the user from using the services of Energy, should Energy identify or suspect beyond reasonable doubt the use of such prohibited programs.
d. In the event of misconduct by the user, Energy is entitled to request additional documents, immediately terminate the agreement with the user and exclude the user from further use of the website. Furthermore, Energy is entitled to interrupt and terminate on-going game activity and the user’s account, with or without prior notice and to retain winnings achieved through misconduct.
11. ACCOUNT CANCELLATION
a. Energy reserves the right to cancel the services, and/or refuse to distribute winnings to anyone for any legitimate reason including, but not limited to:
• any instance when Energy has cause to believe that a person's activities on the website may be illegal;
• any instance where Energy may suffer any fiscal, regulatory, or pecuniary disadvantage by virtue of anyone’s activities;
• any instance where one or more transactions on the website are judged by Energy to have been performed in violation of this agreement.
b. Energy prohibits player collusion and takes measures to prohibit the use of devices, such as robots, that distort normal gameplay.
c. Energy reserves the right to terminate events or games without prior notice, whenever it deems necessary and/or due to errors in the software or games which cause games to work incorrectly or malfunction.
12. ABORTED OR INTERRUPTED GAMES
a. In the event that any information is incorrectly published on the website, Energy will take remedial action in order to rectify and amend the data in the system so as to reflect the correct information. Any winnings that are affected by the publishing of incorrect information will also be accordingly amended.
b. In the event of a malfunctioned game for any reason whatsoever, all players’ transactions are always accurately logged on our systems; therefore, we always have access to gameplay logs. Kindly contact the customer care team for any related queries via email on firstname.lastname@example.org.
c. Energy reserves the right to correct or declare results void with hindsight if the result of the game was caused by a technical default, fraudulent behaviour of the user or through a fake wager. We reserve the right to recall any payment made in error.
13. CASH GAMING MODE ("GAMES FOR MONEY")
a. Each eligible user (refer to Section - 3. Membership Eligibility) can play games using cash after opening an account and successfully depositing funds to the user account.
b. Participation in the cash games with real stakes requires the user to deposit cash to his/her gaming account as described below.
14. TEST GAMING MODE ("GAMES FOR FUN")
a. Players who have registered an account with Energy can try out DEMO play without staking a real wager. During DEMO play, the interface of the game will display a virtual balance which players can use to experiment with different betting strategies.
b. All wagers and winnings in DEMO play are entirely virtual, and will not be credited to or withdrawn from the player's real balance. Players can recharge the virtual balance by reloading the game.
c. There is no claim, substitution or conversion for virtual fun money, should the user win.
a. Funding a user account (by transfer of money to Energy’s account) can be done by utilising the deposit methods. Further information about the deposit methods is included in the "Deposit" section on the website.
b. Energy reserves the right to impose certain conditions on the use of particular payment methods, in such cases, but not limited to; if enforced by payment providers requirements, or regulatory requirements in connection with the Player Protection Directive of the license, or if connected to the suspicious activity of a particular player. Energy also has the right to change the payment methods available, but only if such payment method is discontinued by the legal contract binding Energy and the 3rd party payment provider in question.
c. Energy does not guarantee that all methods of payment are available at all times, but will do its utmost to provide customers with continuous service.
d. A deposit request via debit/credit card into a player account funds the account in real-time, other methods might take longer to process.
e. Due to regulatory requirements in relation to AML/CFT, we reserve the right to verify the identity and also request further verification of the source and origin of your funds, if the total accumulation of your deposits equals or exceeds €2000 or equivalent in other currency. The above mentioned €2000 value is calculated on a daily basis, taking into account all deposits effected by you since the establishment of the business relationship OR based on the total deposit amount over the course of 180 days.
f. The following documentation shall be accepted to confirm the user’s identity (Driving Licence, Passport or EEA/EU member state identity card). Please be advised that all mentioned documents must be valid. To confirm the user’s place of residence (proof of address - POA), Energy shall accept either a utility bill (gas, electric, satellite television, landline phone bill), (mobile bill will not be accepted) or bank statements issued within the last three months. Such personal information enables Energy to verify that the data given during registration corresponds with data on the documentation.
g. Energy reserves the right to request an image of both sides of the debit/credit card used to deposit as supporting evidence in case a deposit comes from a non-3D secure scheme (additional fraud prevention system processing) or if a user is processing large or multiple transactions. In order to reflect the best security practices, you will always be asked to hide the CVV number and wipe out certain card numbers.
h. You can set self-deposit limits in the section "Responsible Gaming".
i. The minimum deposit amount per transaction is no less than €10 (or equivalent in other currency). The maximum deposit amount is determined by various payment methods available on the website.
j. Third party deposits are not allowed; therefore, all payments into your account must be made from a payment source in which you are the named account holder. In case of any inconsistency, Energy reserves the right to request the necessary documentation in order to carry out the required checks. The investigation may also lead to the voiding of winnings.
a. Information relating to withdrawal methods is included in the "Withdrawal" section of the website.
b. A request for withdrawal cannot be made while the user is involved in a gaming session.
c. Any expense related to withdrawal requests, if applicable and explicitly announced on the website, shall be charged to the receiver.
d. Withdrawals of winnings or parts thereof will be paid out upon request of the user. Please note that only the first withdrawal a week is free of charge. A second, and every next, withdrawal the same week costs a fixed fee of €5 (or equivalent in other currency). The minimum withdrawal amount per transaction is no less than €20 (or equivalent in other currency) with the exception of account closure, in which case the player has the right to withdraw the full balance no matter the amount. The maximum withdrawal amount per transaction is determined by various payment methods available on the website.
e. The account holder's personal data in their gaming account and bank account (or for any other payment method) must correspond. Energy reserves the right to request further documentation, as proof of identity, as well as additional verification of the payment method in question. The withdrawal will not be processed until Energy receives the requested documentation, while the balance will be credited back to the player's account in the meantime.
f. The maximum withdrawal amount per day is €5,000. For the user's protection in any 24-hour period, the user may only withdraw the maximum amount of €5,000 unless a larger amount has been agreed by prior arrangement.
g. Withdrawals from a user's account can only be addressed strictly to the person registered on the account and as per the conditions specified on the Energy website.
h. Withdrawals can only be paid out to the same account and payment method from which user's deposits have originated. By following a "closed-loop" policy (ensuring that payouts are made back to the same method as the inbound funds originated), Energy complies with "EU Anti-Money Laundering Directive". However, there are some occasions where this closed-loop system is impossible to enforce. Whilst ensuring compliance with the "EU Anti-Money Laundering Directive", Energy is also obligated to ensure our user's needs are served. Furthermore, sometimes technical and/or policy reasons are beyond our control, therefore some payouts cannot be made in this fashion. In these cases Energy goes to all required lengths and beyond to verify an alternative account owned by the individual player. Our Payments Department runs a full assessment of the case and makes the final decision as to whether a payment outside of a "closed-loop" policy will be performed.
i. Once a withdrawal request is submitted, it can take Energy up to three (3) business days to process the request. However, Energy will do its best to process withdrawal requests immediately.
j. Funds cannot be withdrawn from a user's account unless those same funds have been wagered at least once. Please be informed that a five percent (5%) administrative charge, with a minimum fee of €10 (or equivalent in another currency) from the last deposit, may be applied for payout requests referring to amounts deposited with Energy which have not been used at least once for playing. Before such payout can be approved, it has to be assessed and confirmed by the Payments Department.
17. FEES AND CHARGES
a. The amount that is displayed as the user "payout" is net of fees. Accordingly, the "payout" amount will be the exact amount deposited into your account. However, sometimes an additional fee during the withdrawal process may apply, usually, but not only, related to the withdrawal request, if applicable and explicitly announced on the website.
b. The base currency in Energy’s software is EURO, but the account balance of the user may be displayed in another currency. The user can choose other currency than EURO for his/her user account, but the user must be aware that sometimes the payment process in such a user’s account may be subject to an exchange rate when changing payment amounts into Euros. Please note that any exchange premiums are payable by the user.
c. Users may choose to close their account at any time. In such cases the user is requested to send an email to email@example.com; customer care will proceed with the account closure and confirm to the user that such termination has taken place. For the user to claim funds from a dormant, closed, blocked or excluded account, the user must contact Energy by email to firstname.lastname@example.org.
d. Statements will be issued on a quarterly basis, and fees will continue to accrue pursuant to the auto-renewal terms and conditions should the user fail to provide required (30) day written notice of termination to email@example.com.
e. The user expressly authorises Energy to collect any account fees due and owing pursuant to these terms and conditions by debiting the user’s credit card on file, or by debiting the user’s Energy account.
18. BONUS POLICY
a. Energy may, from time to time, offer our players bonuses, which will be credited by Energy into their accounts. Bonuses being offered, and the details of crediting will be available in the "Promotions" section on the website. The bonus amount is determined by Energy; a user has no general entitlement to receive a bonus.
b. Each individual promotion will come with its own set of specific relevant terms and conditions (the “Significant Terms”) in addition to Standard Bonus Terms and Conditions; the user should, therefore, read "Standard Bonus Terms and Conditions" in combination with the applicable Significant Terms for any competition, bonus or promotion (referred to as a "promotion" or "bonus" interchangeably) they wish to enter. Please always refer to our Standard Bonus Terms and Conditions (where applicable) for information on promotions, bonuses and offers.
19. LIMITED LIABILITY
a. The games and services offered on the website are available to users only within the scope of the current state of technology used. Energy provides no guarantee for the uninterrupted availability or the serviceability of the services and games offered.
b. Energy endeavours to provide steady services on the website. However, Energy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, the website or services.
c. Energy is not responsible for any issues or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical issues on any of it's websites or services.
d. Energy accepts no liability for any interruption of games or website downtime. Energy is not liable for any errors contained in any game, nor are we duty-bound to correct them – Energy is not liable for any damage caused as a result. Furthermore, Energy assumes no liability for the existence of or damage caused by viruses or other damaging components on the website or the corresponding server, which could lead to damage to the computer hardware and software of the user. For the avoidance of doubt, all winnings from bets, stakes or wagers placed on any games which contain an error shall be voided, and Energy shall only be responsible for returning the respective bet, stake or wager placed back to the user.
e. Energy is not liable for damages caused by mistakes of data entry, storage and processing of the data, and by incompleteness and inaccuracy of transmitted data. In particular, Energy reserves the right to correct obvious mistakes during the storage and processing of results (e.g. mistakes relating to the identity of players, wagers etc.) In cases of such mistakes due to errors or software issues causing a game interruption or malfunction, the game will be deemed void, and the wagered amount will be refunded to the user. Energy also reserves the right to limit/refuse bets, whenever it deems this to be necessary due to any errors, software malfunctions or similar circumstances.
f. To the maximum extent permitted by applicable law, under no circumstances shall Energy be responsible for any loss or damage resulting from the use of the website or services, from any content posted on or through the website or services, or from the conduct of any users of the website or services, whether online or offline.
g. Under no circumstance shall Energy or any of its directors or employees be liable to the user for any damages whatsoever, including, but without limitation to, indirect, incidental or any type of consequential damages which may arise from, or in connection with, the user's use of the website or services, including but not limited to the quality, accuracy or utility of the information provided.
h. Energy is not liable for damages of any kind that are caused by the undue use of the account by the user or third parties.
i. Energy is not liable for the loss of winnings caused by interrupted games.
j. Energy shall in no event, nor under any circumstances, be liable for any damages or losses that are deemed, or alleged, to have resulted from, or caused by, its internet website or its content, including, without limitation to, any delays or interruptions in operation or transmission, communications line failure, any person's use or misuse of the internet website or its content, or any errors or omissions in the content.
k. In case of infringement of the terms and conditions of the website by the user, the user shall indemnify Energy for any claims by third parties, and bear any losses, costs or damages resulting thereof.
l. Energy shall not be held responsible for any typing, technical or human error in the operation of the products offered by Energy or in the operation of the services. In the event of any error, Energy reserves the right to either void any affected bets or to correct the error. Where a correction by Energy changes the terms of a bet, you will be given an opportunity to accept the revised terms prior to the bet being deemed valid.
m. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, and under no circumstances shall Energy's cumulative liability to the user exceed the amount of money the user transferred or deposited in the user's account on the website in relation to the transaction giving rise to such liability.
20. ANTI-MONEY LAUNDERING PROCEDURES
a. All licence providers based in Europe are subject to the EU AML Directive, which requires all entities dealing with financial transactions to verify the legitimacy of funds being used to gamble.
b. No person shall abuse this website for money laundering. Energy may employ best-practice anti-money laundering (AML) procedures. Energy is responsible for employing and maintaining various anti-money laundering (AML) best practices and procedures; therefore, all transactions, regardless of the amount, must remain under constant monitoring.
c. Energy reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of users who do not accept or conform to the following AML requirements and policies, and to refuse to accept any transactions from users who do not respect and adhere to the following AML requirements:
(I) Winnings will only be paid to the individual who initially registered to open a live account and specifically only to the originating credit card or account on file;
(II) When a user funds an account by means of credit/debit card deposits, winnings will only be distributed to the individual whose name appears on the card used to make the deposit and only be paid back to the same card;
(III) Only one account is allowed per person. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person;
(IV) Energy may request a user to provide additional proof of identity or proof of source of funds, as it deems required, under the subject of closer scrutiny for regular players or in cases when the level of risk that the business is exposed to is classified as high. Energy may suspend the account until such proof has been provided and accepted as per regulatory standards;
(V) All transactions are screened to prevent any money laundering activity.
d. Any suspicious or fraudulent transactions will be immediately reported to the relevant authorities, including but not limited to the Financial Intelligence Analysis Unit (FIAU) in Malta.
21. INTELLECTUAL PROPERTY
a. All content, trademarks, service marks, trade names, logos and icons are the property of Energy and are protected by copyright laws and international treaties and provisions.
b. The user agrees not to delete any copyright notices or other indications of protected intellectual property rights from materials that the user receives from Energy or Energy’s websites. The user will not obtain any intellectual property rights, or any right or license to use such materials or the websites, other than as set out in this agreement.
c. The user agrees not to resell marketing materials provided to them by Energy or permit secured access of the website to others, and not to copy any materials appearing on the website for resale, or for any other purpose, to others without the prior written consent of Energy. The same rule applies to all users of the website, not limited to account holders.
d. Images displayed on the website are either the property of Energy or to be used with permission. The user agrees not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property rights (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of Energy.
The user agrees to defend and indemnify Energy and its officers, directors, and employees, and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with:
I. User access to or use of the website or services;
II. User's violation of any of the terms of this agreement; or
III. User's breach of any applicable laws or regulations.
23. TERM AND TERMINATION
a. The term of the agreement shall be for an indefinite period. Should the user wish to terminate this agreement at any time, he/she may do so by sending an email notification to Energy. As of termination, the user shall not be able to carry out new transactions.
b. The user may only terminate the agreement with Energy by providing written notice to the customer support email at firstname.lastname@example.org.
24. MARKETING AND PROMOTION
By entering into a competition, the user may be asked for consent for their username, name and initials being displayed on Energy's site(s), on selected social media (Twitter or Facebook) posts and publication in case of winning.
Please note that this consent might be withdrawn at any time. However, withdrawal of said consent will not invalidate any previously agreed upon processing.
25. DATA PROCESSING
26. RESPONSIBLE GAMING
a. Gambling while under the age of 18 is a criminal offence, and we take our responsibilities to prevent access for those under the age of 18 very seriously. Energy reserves the right to request proof of age documentation from any user at any time and any winnings will be confiscated if on completion of age verification the customer is shown to be underage.
b. At Energy, we encourage our users to enjoy gambling in a responsible manner. However, we do recognise that gambling can become addictive and may lead to problem gambling or even addiction for some people. In order to ensure users play responsibly, we offer a range of tools that can be used to control play, such as different types of limits or short breaks. For more information, please see our Responsible Gaming page.
c. In order to set or manage the Responsible Gaming limits, the user must log in to their Energy account. If a user finds that controlling their play with the available tools is not sufficient, we recommend that they consider a break or self-exclusion.
d. Self-exclusion enables a CLIENT to suspend themselves from using our services.
We have the following effective periods available for self-exclusion:
(a) 24 hours
(b) Three days
(c) One week
(d) 30 days
(e) indefinite period
In order to exclude for an indefinite period, the user will be requested to contact us directly.
e. It is the responsibility of the user to adhere to any self-exclusion agreement, though we are happy to help by blacklisting addresses and devices where possible (please note, this is not always possible due to technical restrictions).
f. The effectiveness of any self-exclusion agreement depends largely on the commitment of the user to manage their own behaviour. An exclusion will be most effective if a user agrees not to attempt to register again. Please be advised that exclusion should not be intended to function as a replacement for user’s managing their own behaviour or as a full guarantee to stop the user from further gambling.
g. During a self-exclusion period, every attempt will be applied to prevent the user from creating a duplicate account, and any account detected with a clear link to an account under self-exclusion will be closed upon detection, and any remaining unused balances returned to the original depositing source.
h. A written request must be submitted to customer support, should a customer wish to cancel a self-exclusion or reopen their account. Please be advised that Energy reserves the right to keep accounts closed or deny a reopening request, in order to maintain the safety of a player, as per the decision made by our Responsible Gaming Department.
i. By accepting our terms and conditions, you acknowledge and confirm that you are not excluded from our service. Therefore, no deposits, losses or winnings will be owed/refunded to you if associated with a fraudulently created additional/duplicate account, except for remaining unused balances from deposits, which will be refunded in full. To fully investigate such cases, Energy’s Responsible Gambling or Fraud Departments are entitled to request additional forms of documentation such as but not limited to, ID in hand and phone/voice verification.
j. By playing games or using the gambling services at Energy, you acknowledge that you are playing games based on, or betting on events that are subject to, luck and chance and that through the use of the service and/or software, you are subject to the risk of losing money. Thus, you accept that any losses suffered are the sole responsibility of yourself.
k. Our websites include links to external third-party organisations and information that may be helpful to problem gamblers in need of further assistance from professionals. If a user feels that they might be developing a gambling addiction or problem, we encourage them to consult these organisations or to contact us for additional information. In order to protect the wellbeing of those affected by problem gambling who are in a critical situation and are expressing suicidal thoughts to our agents via direct communication, we reserve the right to contact relevant local authorities to seek immediate action.
l. Please note, "idle time" is reached after 40 minutes of no activity, at which point users will be logged out automatically. It is the responsibility of individual users to maintain the security of their accounts by making sure that no one else has access to their passwords or login details. We recommend that users always log out if their device is potentially accessible by others, especially minors or those with known gambling problems.
m. If at the time of requesting self-exclusion there are still outstanding bets, where the result is not yet known, such bet/s that subsequently win will have winnings sent once the event has been settled.
n. If the user has a reason to believe that a person under the age of 18 years is accessing our services, please contact us immediately. Our support team can be contacted via email: email@example.com or through LiveChat via our website.
o. Please be advised that all sensitive data related to problem gambling or exclusion has to be collected and kept on records to carry out our statutory functions related to affected individuals.
Energy is committed to providing the best quality of support for our players.
We continue to improve our service by listening and responding to our users and responding positively to complaints. However, we do admit that reaching a fair outcome - as perceived by the user - in all cases, is not always possible.
Therefore, if a user feels that their case might need further escalation, they should contact our customer support agents by email at firstname.lastname@example.org. Energy customer care representatives shall acknowledge the receipt of the complaint to the user in a maximum period of 3 working days.
Our agents are also available on live chat and phone to ensure that making a complaint is as accessible as possible. The "Help" section on our website is there to assist the player in selecting the most appropriate communication channel to reach customer support.
Please be advised that complaints placed via social media will not be considered as an official complaint.
For the user's protection, and to ensure the best possible service, telephone conversations and other relevant communication between the user and Energy may be recorded and/or monitored.
Please note that while Energy is the operator offering the games to the user, Energy has not supplied or developed the games. Therefore, Energy does not have ownership of, nor responsibility for, such games. Any queries or complaints relating to the functioning of the games will be forwarded to and addressed by, the relevant licensing authority in relation to that specific game.
To enable Energy to deal with the user's complaint in the shortest possible time frame, the complaint must contain clear information about the identity of the user (name, surname, username, registered email and residential address) as well as all relevant details about the case (the name of the game, the time and date of the incident and a detailed explanation).
The customer support managers (or other managers, if necessary) assigned to the escalated case will commit to their best efforts to promptly resolve a reported matter internally. The whole complaint process should take no more than eight weeks to be assessed and responded to.
An informal approach is appropriate when it can be achieved, but if concerns cannot be satisfactorily resolved informally, then the formal complaints procedure should be followed.
We strive to ensure that all users are informed of our final decision and also receive orientation about the necessary steps to take an official dispute to a registered Alternative Dispute Resolution Body, also known as an "ADR". An "ADR" is an independent third party, which mediates disputes and assesses all the facts and information provided by both parties, and issues an impartial decision on the matter. eCommerce and Online Gaming Regulation and Assurance (eCOGRA) is the ADR entity for Energy complaints.
Telephone Number: +44 20 7887 1480
Additionally, the Online Dispute Resolution (ODR) platform can provide further alternative dispute resolution services within the EU. More information is available here: http://ec.europa.eu/odr.
If the user still feels that their complaint has not been resolved to their satisfaction, they can bring the dispute to the Malta Gaming Authority (MGA) by email on email@example.com.
Furthermore, please be advised that any user has the right to bring proceedings against an operator to any court of competent jurisdiction.
If there are any concerns that the user would like to raise with us or would like our assistance with, please do not hesitate to let us know. Our professional and friendly customer representatives are always here to help.
Version - 2.5
Last Updated – 29.07.2020
To view previous amendments to terms and conditions, please click here.