Last update: 13.02.2019
PlayCherry Limited is a company duly registered under the laws of Malta; Registration C43059; licensed by MGA under the following license: MGA/B2C/220/2012;
Registered Office: 3rd Floor, Spinola Park, Triq Mikiel Ang Borg, St. Julians, SPK1000, Malta
The term “Company” shall mean and refer to PlayCherry Limited;
The Malta Gaming Authority (MGA) shall hereinafter be referred to as the “Authority”; The term “Agreement” shall refer to the rules and terms of conduct contained in these Terms and Conditions;
The Term “Gaming” shall have the same meaning attributed to it as in Legal Notice 176 of 2004 and shall refer to any agreement, scheme or arrangement between us and any other party to play together at a game of chance in which a prize or reward consisting of money or some other item of value, worth, advantage, or opportunity is offered or can be won and become the property of the winner under defined conditions established for the purpose of the game;
Player shall mean any person who is over eighteen (18) years of age and who takes part in remote gaming as defined above;
Player's Account shall mean a record kept by the Company, which record shall be at all times accessible to the Player, which shows the Player's credit against such license holder, taking into account all wagers placed and all prizes won by such Player and any other debit or credits as may be permitted by these regulations and approved by the Authority;
Any reference to Games in this agreement shall refer to Casino and other Games as may from time to time become available on the Website. The Company reserves the right to add and remove Games from the Website at its own discretion.
Words denoting the singular number shall include the plural and vice versa;
Words denoting any gender shall include all genders;
Clause headings are for ease of reference only and shall not affect the construction or interpretation of this Agreement.
This Agreement is drawn up in the English language and may be translated into any language other than English provided that all versions reflect the same principles. In case of any discrepancies in interpretation the English text shall in any event prevail.
This Agreement supersedes all previous undertakings and arrangements entered into between the Parties (whether expressed or implied) and represents the entire Agreement between them in relation to its subject matter.
In the event that any of the terms, conditions or provisions contained in this Agreement shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law. The Company hereby agrees to attempt to substitute any invalid or unenforceable provision with a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
Any changes to the Agreement will be notified to the Player in advance. If the Player agrees to such changes, the Player shall click “Accept”. The Player shall have the right to refuse to accept the changes and in such case must notify The Company by email to [email protected] in which case his account shall be closed in accordance with the terms of this agreement.
1.3. Applicable law
This agreement is regulated by the laws of Malta.
The Company is licensed and regulated in Malta by the Malta Gaming Authority. The MGA is the regulatory body for all forms of gaming in Malta. A Player has the right to bring unresolved disputes to the MGA via [email protected] For further information about the MGA, please go to www.mga.org.mt.
Any legal dispute shall be settled in accordance with the Governing Law of Malta.
1.4. Changes in gaming rules, Terms and Conditions
Changes to the Terms and Conditions will be notified to players in advance, who must acknowledge the changes in order to maintain their account
This Agreement is valid until further notice.
The Company reserves the right to terminate and/or change bonuses and promotions at any time.
The Company reserves the right to withhold and remove any bonuses awarded to the Player if such bonuses have not been used within 3 months from the date when they were awarded.
All bonuses issued by the Company can only be used for playing and may not be transferred or paid out unless stated requirements within the bonus campaign are fulfilled.
The Player acknowledges and understands that separate terms and conditions exist with respect to promotions, bonuses and special offers, and are in addition to this Agreement. These terms are outlined in the relevant promotions pages.
All bonuses have an expiry date. If the bonus requirements are not fulfilled at the expiry date, the company reserves the right to cancel or debit the bonus credits from the account.
The Company reserves the right to cancel/change/stop marketing promotions at any time without prior notice.
The Player may receive bonus money from the company should he agree to participate in a bonus promotion. The bonus money granted together with the real money that was used as qualification for the bonus money will be marked as applicable for game play in respect of that particular bonus only. This balance can only be used on products and games that are outlined in the bonus details page.
The player has the right to cancel a bonus offer from his/her account. In this case all winnings generated by the bonus money will also be cancelled.
Multiple participations to the same bonus campaign from the same device/household/IP address are not allowed. In case it is noted that there is abuse of bonuses or any other promotions, the bonus/promotion will be forfeited and any funds on the Players’ Account will be frozen. Furthermore, the Player Account may be closed by the Company at its own discretion.
Voucher codes distributed by the Company trigger a bonus promotion to the player account where the voucher is used.
The Company reserves the right to withdraw any bonus money and VIP points from the Player's Account if the player has not logged in to his/her player account during the last six months.
The Company reserves the right to withdraw the Bonus and the resulting profits if any term of the offer or promotion have been breached, furthermore, it may also withhold any other funds held in the player's account to make up for any losses incurred by the Company due to the breach of the said conditions.
The maximum payout amount that any customer can request to withdraw after winning any amount related to any no-deposit welcome bonuses or free spins (excluding those winnings deriving from a deposit bonus) is 100 EUR or the equivalent in other currencies. Any amount above 100 EUR will be removed from your player account upon your withdrawal request.
Not all games will count towards the wagering of this bonus. For the full list of excluded games kindly visit FAQ.
If the conditions above have been translated into various languages and these reflect the same principles, however, in case of any discrepancies between the different language versions, the English version shall prevail.
3.1. System errors and failures
A Player must inform the Company as soon as he or she becomes aware of any errors with respect to the Player Account or any calculations with respect to any bet placed or any currency conversion.
In the event of any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, bonuses or payout, or any currency conversion as applicable, ('System Error'), the Company will seek to place all parties directly affected by such System Error in the position they were in before the System Error occurred.
The Company reserves the right to declare null and void any bets that were the subject of such System Error and to take any money from the Account relating to the relevant bets. In all circumstances whereby the Company (in its sole discretion) determines a System Error has been used to gain an unfair advantage, the Company reserves the right to consider this activity to be subject forfeiture and account closure as per these Terms and Conditions.
3.2. Miscarried and aborted games
The Company is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the game play. Refunds may be given solely at the discretion of the management.
The Company shall accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with website or its content; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of the site or its content or any errors or omissions in content.
In the event of a casino system malfunction all wagers are void. Should this situation apply, the Company reserves the right to terminate events and/or games.
In the event a game is started but miscarries because of a failure of the system, the Company shall refund the amount wagered in the game to the Player by crediting it to the Player Account or, if the account no longer exists, by paying it to the Payer in an approved manner; and if the Player has an accrued credit at the time the game miscarried, credit to Player’s Account the monetary value of the credit or, if the account no longer exists, pay it to the Player in an approved manner.
3.3. Other limitations of liability
The Company is not responsible for:
- Support of software or any accessories, attachments, machines, systems or other items;
- Rectification of lost or corrupt data or programs arising for any reason;
- Diagnosis and/or rectification of potential malfunctions or actual faults;
- Corrections or data corruptions caused by third party software or software written by the Player, its agents or sub-Contractors.
The Company provides no warranty or guarantee as to the suitability or quality of any goods or services supplied and the Player acknowledges that he has sole responsibility for the selection of them. Except as expressly provided in this Agreement, all conditions, representations and warranties (expressed or implied, statutory or otherwise) are excluded to the fullest extent permitted by law including without limitation any implied warranties or conditions as to quality or fitness for purpose.
The Company shall not be liable for the following loss or damage howsoever caused and even if foreseeable:
- Economic loss, which term shall include loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings;
- Loss of, damage to or the cost of replacement, recovery or reconstruction of the Player's or a third party's documents, tapes, records, information or other data on any media;
- Special, indirect or consequential loss;
- Loss arising from any claim made against the Player by a third party;
- Loss or damage arising from the Player's failure to fulfil his responsibilities or any matter under the control of the Player or a third party;
- Loss or damage arising from the Company acting in accordance with the instructions of the Player, agents or third parties engaged by the Player.
Neither the Company nor the Player shall be liable for any loss or damage caused by delay or failure to fulfil its obligations under this Agreement where such delay or failure is due to any cause beyond the control of the parties, as the case may be, including (without limitation) acts of God, war or warlike action, civil disorder, insurrections or riots, fire, storm, flood, explosions, earthquakes, epidemics or quarantine restrictions, sabotage, government disorders, priorities or regulations affecting materials or facilities, court orders, restrictions as a consequence of decision or view taken by any governmental body or similar, strikes actual or threatened, labour troubles causing cessation, slowdown or interruption of work, inability to obtain necessary governmental or regulatory Authority approval, delay or cancellation of any commercial air service, or any cause to the extent it is beyond the parties' reasonable control.
Each Player is personally responsible for adhering to all applicable local legislation and rules as set out by national or local authorities from time to time. The Company does not accept play from Players domiciled in the US or Players depositing using an US bank connection.
4.1. Account registration
It is the sole responsibility of the player to understand the laws in his/her jurisdiction of residence relating to all aspects of playing at the Company. Access to the site is on the player's own initiative and the player is responsible for their compliance with local laws if and to the extent local laws are applicable. The Company makes no representation that materials on the Site or the Company's services are appropriate, available or allowed in the player’s jurisdiction. The Company is unable to provide any legal advice regarding this matter and the Company accepts no responsibility whatsoever should an individual act in breach of any law or regulation in transacting with the Company in whichever manner.
To open a Player Account with the Company, the Player personally has to complete the online form and supply the Company with the following:
- Full name;
- Post code;
- Contact email;
- Phone number;
- Date of birth - confirming that the Player is over 18 years of age.
The Player must keep the Account details up to date and can do so by modifying 'My Profile' under the ‘My Account tab or by sending an email to [email protected] for help.
The Company does not accept Player registrations and / or deposits and / or play from the following countries: Spain, Portugal, Hungary, Netherlands, Turkey, United States of America (and its territories), Czech Republic, Australia, Croatia, France (and its territories), Curacao, Netherlands Antilles, Ireland, Romania, Denmark, Greece or any other jurisdictions were registration and/or participation would be in conflict with any applicable laws or rules relating to Online Gambling. The Company holds the right to close all accounts opened by residents of these countries.
Successful registration means requesting that the Company opens a gaming account for the Player. The Company shall open an account when requested as long as the Company’s requirements are met and reserves the right to decline account opening for any reason. The account is intended for administering the Player's funds, play and fees, as well as tickets in play, refunds, winning payments, cash-outs and eventual service fees for the duration of the Agreement. The account is for use by the Player only and Players must have only one Player account. Players are prohibited from the selling/transferring and/or acquiring of accounts or funds to/from other Players.
The Company allows only one account registration per household and a Player is only allowed one account. If the Company notices that your household has more than one account, the Company may block or close any or all of the accounts at its discretion. If three or more Players share the same household, it is the Players responsibility to inform the Company about this.
In the event of a Player's death or permanent incapacity, the Company requires a copy of the death certificate or a registered medical physician's statement and any other documents relating to administration or guardianship of the estate as proof of the Player's successor's or guardian's (jointly referred to as "Beneficiaries") entitlement. In this event, any of the Player's income rights and/or the value of the Player Account may be passed to the Beneficiaries.
The Company reserves the right to monitor Player Account activities and notify the Player if the Company believes he or she may have gambling problems. However, the Company makes no warranties about its ability to identify and help a Player with gambling problems. The Player may request to be excluded from entering or using the Company web application for various reasons and may do so at any time by sending a request to [email protected]
The Company reserves the right to refuse or close any application for a Player's Account. Any contractual obligations already made will be honoured.
4.2. Username and Password
Username and password are provided as a part of the registration procedure. At registration, the Player chooses a username and password. (The e-mail address supplied becomes the username.)
These details shall only be effective on acceptance of this Terms and Conditions by the Player. The Player accepts that the Player is solely responsible for maintaining the confidentiality of the Player's username and password and shall store the username and password in such a manner that outside persons cannot gain access to them.
The Player is responsible for immediately contacting Customer Services, if there is a risk that the Player's username or password may be compromised in any way. Please contact the Company by sending a message to [email protected], if you suspect anything.
The Company reserves the right to temporarily lock the account under such conditions. The Player remains fully responsible for all play based on the Player's username and password until such locking of the Player's Account.
The Company reserves the right to inactivate a Player's username and password at any time.
5.1. Handling and accounting for deposits
Registered Players can deposit funds using a VISA or MasterCard, by bank transfers or through e-wallets like Moneybookers and Neteller. The minimum deposit is 10 SEK. Once the deposit is processed it will be available on the Player's account immediately after approval. Bank transfers will not be credited to the Player account until the funds have reached our bank. The Company does not impose any fees on deposits; however we are not liable for any fees charged by the Player's bank for online purchases. Information regarding deposit limits and processing times can also be found in the payments and FAQ section. The Player may be requested to provide the Company with personal documentation, such as but not limited to copies of identification documents, utility bills, credit cards, bank statements etc.
Funds deposited by Players shall be separately accounted for. The Company separates deposits from its other funds and keeps Player deposits in a separate bank account. The Player hereby accepts that the Company stores the deposited funds together with other Players' funds and that separation is only provided by electronic accounting methods. Acceptance of Player’s deposit shall be subject to the Player successfully completing the Company’s “Know Your Client" procedures which shall be carried out on all Players depositing money.
Players are not allowed to make deposits with funds that have been obtained by ill-gotten means. Players are also advised that all transactions are monitored for irregularities and to prevent money laundering and fraud. The Company has an obligation to report suspicious transactions to the appropriate authorities.
The Company will not accept a wager from a player unless there are sufficient funds in the Player's Account to cover the amount of the wager. The Company reserves the right to refuse or limit any wager.
Depending on the payment method used, eWallets and bank transfers will qualify immediately after receipt for withdrawal, whilst VISA or Mastercard payments will only qualify for withdrawal after having completed the full KYC procedures.
Deposits and withdrawals of funds into and from Your Player Account, shall only be made using credit card and other financial instruments that are valid and lawfully belonging to You.
When funds in a Player Account are being used to play Games, deposited funds will be debited first, thereafter other funds (like bonuses and free spins).
5.1.1. General Conditions of Use E-voucher applying to Epro solution
- E-PRO is a payment solution provided by EMP Corp, an E-money agent, based on E-money and E- wallet
- E-PRO is an E-Voucher issued by EMP Corp, being resold by First Remit Limited (UK), a registered money service business with Her Majesty's Revenue and Customs certificate number 12679642 & fully authorized by the UK Financial Conduct Authority (FCA) as a payments institution, with reference 622935
- E-Pro e-Vouchers resold by First Remit will show in your card statement as "Online Payment"
- An E-VOUCHER, constituting electronic money, is generated in the event of an intervention by EMP Corp to pay for the services offered on the MERCHANT SITE
- If the payment service provider is EMP Corp, the transaction will result in the creation and purchase of electronic money issued by an E-money Issuer, to be used to credit an E-wallet
5.2. Interest on deposited funds
The Player shall not treat the Company as a financial institution and is not entitled to any interest on deposited funds and will be paid no interest on deposited funds.
5.3. Player access to funds stored in the Player's Account
The Company shall action a transfer from the Player's Account a part or whole of the Player's funds, with deductions for eventual service fees, bank fees etc. to the bank account, credit card or e-wallet that the Player most recently registered at the Company. Transfers are administered only during working hours set out by the Company from time to time. Requests for transfers can be made at any time.
5.4. No loans and no exchange rate speculation
Funds on a Player's Account cannot be used as a basis for obtaining any form of credit, nor are they allowed to be used for exchange rate speculation. The Company reserves the right to return funds to Players at the original exchange rate if the Company has reasonable suspicion that the intent of the Player's transactions has been primarily to speculate on exchange rates or for any other purposes than to participate in the Games.
6.1. Withdrawal procedures
The Player may be requested a list of required documents before making a withdrawal request. The Company will endeavour to process all requested withdrawals within 72 hours, providing that verification documents have been received. The Company reserves the right to refuse a withdrawal and request additional documents by email. Bonus money will not be paid out from the Player's Account. Any withdrawal can be subject to random security checks to prevent fraudulent activity and money laundering.
The Company reserves the right to ask for verification documents at any time, and we can temporarily suspend your account until we receive the required documents. The Company carries out additional verification procedures and players having cumulative withdrawals exceeding 2,330 Euro will be requested to provide the Company with personal documentation, such as but not limited to copies of identification documents, utility bills, credit cards, bank statements etc. A Player's Account might be closed permanently and or a withdrawal may be refused if a player does not provide the Company with the required documents and or if the player is found to have supplied false or misleading information.
All documents that are sent to the Company are confidential and will be handled under the General Data Protection Regulation (GDPR) (EU) 2016/679. The reason why the Company requires these documents is to guarantee the security for all Players and to prevent money laundering.
If the Player closes the Player's Account, all funds excluding any bonus money that might not be redeemable will be transferred to the bank account from where the funds originated.
The Company actively endeavours to combat money laundering. Withdrawals from a Player's Account to the player will be made to the account from which the transfer to the Player's Account was made.
In case where remittance of funds to an account from which deposits originated is not possible, withdrawals will be made to another account of choice following certain controls including but not limited to due diligence checks, anti-money laundering checks and anti-fraud checks.
It is the Players’ responsibility to provide sufficient and accurate banking information for the Company to complete a transaction. If the information is not sufficient and accurate any additional fees or charges will be levied on the player.
The minimum amount that can be withdrawn is 200 SEK. Credit card or e-wallet transfers are not subjected to any fee. Bank transfer fees may vary and will be deducted from the withdrawal amount. Information regarding deposit and withdrawal limits, processing times, qualifications and processing fees can also be found under the Payments & Bonuses section when logging into your Player Account.
Deposits and withdrawals of funds into and from Your Player Account, shall only be made using credit card and other financial instruments that are valid and lawfully belonging to You.
The Company is required to retrieve a proof of the Player's identity for large withdrawals, in which case the Company will contact the Player. The Company will process the withdrawal once satisfactory proof has been received.
Each Player is solely responsible for reporting and paying any taxes as required by the governing law of the country of residence, if applicable.
Withdrawal of funds not used for wagering/betting shall not be allowed.
7.1. The Player's ability to suspend the Player's Account
The Player can request suspension of the Player's Account for an arbitrary period of time. Excessive use of the suspend account feature, as set out by the Company at any time, may at the Company’s sole discretion lead to termination of the customer relationship at any time. The Player may set a limit / suspension on the account at any time by going to My Account and Restrictions (requires log in) to enter a limit for how much he/she can spend per week until a date in the future. Once saved, this will come into effect immediately.
7.2. The Player's ability to lock the Player's Account
The Player can request that the Player's Account is locked at any time. The Company shall handle such requests during working hours as set out by the Company from time to time. The Player may lock the account at any time by going to Account and Restrictions (requires log in) to enter a future date when the lock should expire. Once saved, this will come into effect immediately.
7.3. Revoking or changing a suspension or lock on a Player Account
The Player may request that a suspension or a lock set on a Player account to be changed or revoked. Such a request has to be submitted to the Company in writing.
A request for decreasing the suspension or revoking the lock will not come into effect until 7 days after the request was submitted. Should a Player request to increase the exclusion period, this will come into effect immediately.
7.4. Inactive Accounts
The Company reserves the right to charge an inactive account fee of 5.00 EUR or equivalent in the other currencies. An inactive account is a players' account having a real money balance that has not recorded any log in for a period exceeding 12 consecutive months. The administrative charge will be imposed on the player’s account. The first fee for an inactive account will be deducted following 12 months of inactivity. All consecutive fees for an inactive account will be deducted on a monthly basis until the player’s account balance reaches zero. All registered players will be notified at least 30 days prior to any fees being incurred that the inactive account fee is to be charged to their accounts. Holders of inactive accounts may instantly reactivate their accounts by logging in or withdrawing the funds within the 30 days' time window without incurring any fees. If after your account has become inactive, you access your account, the Company may consider reimbursement of the fees charged if you can prove that you could not access your account due to a reasonable cause. The Company reserves the right to increase the inactive account fee in line with the MGA.
If a players’ account having a real money balance has not recorded any log in for a period exceeding 30 consecutive months, it is said to be dormant. The balance on the players account, minus any bonus money, will be paid out to the player. If the Company is unable to contact the player, the money will be forfeited and paid out to the MGA.
7.5. Recovery of funds on accounts
To recover funds on an account the player should request a withdrawal via the normal process or if such process is not possible the player should contact customer support.
8.1. Setting limits
As a responsible gaming measure, the Player has the ability to place financial limits on the amount of wagers and deposits. In the responsible gaming area under “My Account” the Player can set limits for daily, weekly and monthly deposits.
A requested limit will have effect immediately the first time it is submitted or in case a prior limit is lowered. If the limit amount is increased or terminated, such change will have effect after a seven day cooling down period. A limit set by the player will be in effect until the player decides otherwise.
The player can, as well, establish session limits after which will be prompted to logout or continue playing. Self exclusion periods are available under the “My account” area of the site.
The player may close his player’s account by sending such a request to our customer support team. The customer support team will then finalize the closing of the player’s account. The player will be able to open his/her account again by sending a request to the customer support team. the Company will open the Player’s Account again after seven days after the Company has received such request.
10.1. Anti-Money laundry procedures
The Company complies with the Prevention of Money Laundering Act and Regulations issued thereunder. The Company shall report any suspicious transaction to the relevant competent authorities in Malta.
If the Player becomes aware of any suspicious activity relating to any of the Games of the Website, the Player must report this to the Company immediately.
All transactions will be scrubbed by the system and checked using fraud tools available to help prevent any Money Laundry activity/attempt.
The Company prohibits player collusion and takes measures to prohibit use of devices, such as robots, that distort normal game play.
The Company may suspend, block or close the Player’s Account and withhold funds if requested to do so by the relevant authorities in accordance with the Prevention of Money Laundering Act or in the event that the Company itself reasonably suspects that the Player is in breach of the Prevention of Money Laundering Act of Fair-Play rules. The Company may also suspend, block or close the Player’s Account in the event of breach of any of the terms and conditions of this Agreement by the Player. Such suspension/blockage or closure shall not prejudice any of the Player’s rights lawfully obtained.
11.1. Transaction queries and limitation
Transactions can be queried at any time. Claims and requests to refute a transaction shall be made within thirty (30) days of the transaction in question and will be reviewed and actioned accordingly. Failure to query or refute a transaction within thirty (30) days leads to the transaction being deemed valid and irrevocable. Decision taken by PlayCherry is final and binding.
11.2. Complaints and compensation
If a Player has any complaints, claims or disputes with regard to any outcome regarding the services or any other activity provided by the Company, he/she must submit the complaint to the Company in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers and within the time limit set out in the previous paragraph.
Complaints may be submitted by email to [email protected]. Any notice the Company gives the Player will be sent to the email address provided in the Account registration. It is the Player's responsibility to give the Company notice of any changes to this address by contacting [email protected] and to regularly check the email account for emails from the Company.
A Player has the right to bring unresolved disputes to the MGA via [email protected] For further information about the MGA, please go to www.mga.org.mt.
The Player agrees that he or she will only use the services provided by the Company in accordance with the Terms and Condition set out in this schedule. Any breach of these conditions by the Player which results in the Company incurring any losses or costs will render the Player liable to compensate the Company for any said losses or costs in their entirety.
No chat rooms are available at the Company’s casino.