Terms and Conditions

Beatya Online Entertainment Limited (Beatya), Suite 5, St. Joseph, Antonio Sciortino Street, Msida MSD14, Malta operates this online gaming website under several domains, in particular http://www.beatya.com and http://www.beatya.de. Therefore, the General Terms and Conditions of Beatya apply to this platform. Beatya Online Entertainment Limited is licensed by the Lotteries and Gaming Authority of Malta (http://www.lga.org.mt), License No. LGA/CL3/251/2006.

I. GENERAL TERMS AND CONDITIONS
A. Scope of Application

(1) The following General Terms and Conditions of Beatya (in the following also referred to as operator) apply to the content and services on the website www.beatya.com (in the following referred to as platform). They also apply to content sent to or uploaded (e.g. picture uploads) on the platform by users per e-mail, SMS, community contributions or chat messages (in the following referred to as “user content”) and the payouts of winnings.

(2) By clicking the “accept button” on the platform or pressing the return button to complete the registration for the platform, the user accepts and acknowledges the General Terms and Conditions.

B. Governing Law

All legal relations between the operator and the user are governed by Maltese law, as far as permitted by law. The place of compliance is Msida, Malta. The parties irrevocably submit to the exclusive jurisdiction of the court of the first district of Malta. Beatya is regulated by the Lotteries and Gaming Authority of Malta (http://www.lga.org.mt).

C. Description of Services

(1) The operator offers a gaming platform. On the gaming platform users can participate in games as “test players” without wagering money or as “cash players” wagering money.

(2) The platform only contains skill games and not games of luck. Gambling Laws do not apply to the services offered on the platform.

(3) The operator reserves the right to admit players to the games and services subject to compliance with certain conditions (such as minimum age, minimum amount of games played, provision of evidence of payments having been made).

(4) The operator reserves the right to extend or change the number and type of services from time to time.

D. Conditions for participation

(1) To participate in the games offered on the platform, users have to complete a full and accurate registration under a username (in the following referred to as “nickname”). There is no general right to register and participate in the games.

(2) Only private persons over 18 years (or, if the legal age in their respective country of origin is higher, over that respective legal age – for Estonian citizens, the minimum age for participation is 21 years) are entitled to participate in the games. The operator reserves the right to request users to provide evidence of their age, failing which the operator may refuse user’s admission to games. Citizens of Malta are not allowed to register as users with Beatya.

(3) The games and services offered on the platform are only offered in the current technical state of the art. The operator does not give any guarantee for the availability and full functionality of the games and the services. The operator will use reasonable endeavors to correct any identified defaults that may occur.

(4) Users are solely responsible for the technical configuration of their computer. Details on the recommended configuration are set out in the Help and FAQ-Sections on the platform.

(5) Access to or participating in games involving wagered money, participating in tournaments and the acceptance of prizes may be subject to different legal regulations depending on the country. The operator does not abet the use of services or participation in games offered on the platform by users who reside in countries, in which such services or games are not legally permitted. This responsibility of using the services provided on the platform in accordance with the appropriate legal regulations lies solely with the user. Residents of Malta are expressly excluded from using the platform.

E. Games and Tournaments

(1) Games and tournaments available on the platform can be subject to participant restrictions. There is no right to participation.

(2) Notice shall be provided on the platform in the event that prizes are to be won by participating in games or tournaments prior to them commencing. If applicable, the description of these prizes shall include any specific delivery conditions. The operator reserves the right to substitute any prize for another of the same value without giving prior notice.

(3) The winner of a game or tournament is the user named officially as the winner by the operator after the conclusion of the contest. The operator reserves the right to retrospectively correct any erroneous game results and resulting winnings. Monetary winnings shall be credited to the gaming account of the winner. There is no legal recourse.

(4) The participation of employees of the operator, technology providers or sponsors, as well as any relatives, in tournaments is forbidden.

(5) By participating in games, the user acknowledges and accepts that their data may be required to be forwarded and that they may be contacted for processing reasons.

F. Intellectual Property

(1) By registering an account and/or by using of any of the services on the platform, the user acknowledges that the entire content of the platform is the sole property of the operator. The user shall use the content of and information on the platform for personal use only and refrain from using this intellectual property in any other way whatsoever.

(2) The operator is granted all exclusive, royalty-free, intellectual property rights of materials (such as photos, questions, comments, text messages and the like) that are submitted on the platform. There shall be no claim for compensation or reward of any kind.

G. Misconduct

(1) Users shall not adopt any misconduct on the platform. Misconduct occurs, not exclusively, if:

· users do not comply with the rules of communication between players (set out in point G below);
· users deliberately provide inaccurate or incomplete information;
· users attempt to manipulate the result of games through concerted practices, alterations of the programme, use of robots, intentional inter-account transfers, or in any other undue way;
· users deliberately cause malfunctions or defects of the platform in order to undermine the natural flow of the game;
· an already registered user opens more accounts;
· a violation of any other regulations set out in these General Terms and Conditions;
· an already registered user re-registers on the platform.

(2) The user will not decompile or attempt to decompile the software on the platform or develop software that interferes with the client-server-communication software used on the platform.

H. Communication and General Conduct between Players

Users are responsible for the content provided by them to the platform not being unlawful or infringing the rights of third parties. In particular, users are obliged to respect the privacy of other users, not to post any political, racist, xenophobic, pornographic or sexually derogatory comments on the platform and not to “stalk” or otherwise harass other users in any way.

Further, it is prohibited:

· to post advertisements;
· to run any enquiries or polls;
· to upload or post chain letters;
· to collect personal data about other users without their explicitly prior approval;
· to transmit any kind of viruses or spam or attempt any other kind of interference or interruption of other computer systems and programs;
· to upload or post messages for the sole purpose of transmitting religious, political or ideological content;
· to disturb other users by entering meaningless messages or combinations of letters etc.
· to deliberately block games and the normal flow of communication in any way whatsoever.

I. Sanctions for Misconduct

In the event of misconduct by a user, the operator reserves the right to immediately suspend the user’s further use of the platform and to terminate their contract. Further, the operator is entitled to interrupt and terminate on-going games, to block users’ accounts with or without prior notice, and until clarification of the situation retain the user’s credit on the user account and any illegitimately won prizes at the user’s cost. If certain transactions are found to be suspicious (e.g., suspicion of money laundering), they may be reported to the Lotteries and Gaming Authority of Malta.

J. Termination

Both parties are entitled to terminate the contract at any time with immediate effect without statement of a reason or cause. The user can terminate the contract by sending an e-mail stating their name, the name of the account and password to the platform support. Within 2 weeks of receipt of such e-mail, the operator shall delete the respective account data and pay out the credit amount on the user’s account. The conditions under III.C. apply to the payment of any credit amounts.

II. TEST PLAYERS

(1) Through the successful completion of the registration process, a “test account” is set up. Once the account is open, it can be credited with virtual playing money, which can be used for the purpose of testing the games on the platform. No claim for virtual playing money shall arise from any gains. Such amounts will not be paid out or credited to the “cash account” of the user. Each user may only open one account. The registration of the test account is free of charge.

(2) The registration contains the following information:

a) Personal and confidential pseudonym (“username”, “nickname”) – there is no entitlement to a specific nickname. The username must be unique and clearly identifiable. The use of offensive, indecent, or otherwise objectionable names is forbidden. Further prohibited is the choice of nicknames that contain or allude to an Internet link or account names, which allude to certain rights of the user (in particular but not exclusively, the use of the term “administrator” amongst others). The operator reserves the right to suspend accounts with unacceptable nicknames. The operator will re-admit such accounts after the successful change of their name to an acceptable nickname.
b) Password – there is no entitlement to a specific password.
c) e-mail-address

(3) The virtual credit expires automatically if the user is inactive on the platform for a period of 6 months.

III. CASH PLAYERS

A. General

(1) “Test accounts” can be upgraded to “cash accounts” free of charge. Only players with a cash account can participate in cash games.

(2) The upgrade to a “cash account” is subject to the terms set out in Part I hereof. The cash player application comprises the following information, which the user is required to provide truly, accurately and without misleading:

a) First name and family name
b) Address
c) Date of birth
d) Account details for the payment of winnings.

(3) In the event that the operator has reason to believe that the information given is inaccurate, the operator is entitled to suspend or terminate the user’s account and retain any winnings.

(4) Users shall ensure that the details provided in the course of the registration are kept up to date by making any alterations on the platform (under “Settings”) without undue delay.

(5) At the time of receipt of the first cash deposit on the account of the operator, the operator opens a “cash account” for the respective user. All amounts transferred to such cash accounts are held by the operator as fiduciary on behalf of the user free of cost and interest.

(6) The credit of the cash account can only be used for the services on the platform. For the payout of the deposit the provisions of Part III.C apply.

(7) The Euro (€) serves as the key currency on the platform. Other currencies shall be offered for deposits. Each foreign currency shall be converted, according to the corresponding exchange rate at the time of the deposit, into “GameCash” (“GC”). The user account on the platform shall be run with GameCash. 1 GC = 1 Euro. All payment details in Euro (see paragraph III.F.) refer to GC.

B. Deposit

(1) Cash deposits to the user account are made by transfer of money to the operator’s account by way of the payment methods stated on the platform. The operator reserves the right, to change the accepted methods of payment at its sole discretion. The operator further reserves the right to accept certain methods of payment only subject to the fulfilment of certain conditions. The operator does not warrant that all methods of payment are available at all times.

(2) A cash deposit is considered deposited at the time the deposit is irrevocably credited to the operator’s account and accrued to the relevant user’s cash account.

(3) The operator can under certain circumstances credit a user account so called “bonus money”. The conditions for the crediting of the bonus (e.g. test bonus, advertising premium) and the amount of the bonus is determined by the operator and set out on the platform.

(4) The bonus is stated separately on the account. It can only be paid out once it has been transformed into real cash winnings. If an account contains both the user’s own money and bonus money, the bonus money will only be available for wagering once the existing money has been used.

C. Out Payments

(1) Winnings or parts thereof will be paid out upon request of the user. The amount for a single withdrawal request must be at least € 15. If a player requests a withdrawal more than twice a month, an administrative fee of € 3 can be charged on subsequent withdrawals after the second withdrawal.

(2) A request for out payments cannot be made while a game, involving the user that makes the request is being played.

(3) The operator fulfils payment obligations by transferring the requested amounts due to an account named by the user or by another payment system, depending on technical availability on the platform. Any transaction costs due (e.g. for international transfers) are borne by user.

(4) The operator reserves the right to verify the entitlement of the user and, in case of doubt, to retain the payment. To provide evidence of the entitlement, the user is required to submit to the operator a written request for payment and a copy of an official proof of identity (passport, ID, drivers licence) per mail, fax or e-mail on request of the operator. The ID control is carried out in the course of the first pay out of winnings to the user, and in the case that the sum exceeds €300. The personal data of the user of the cash account and the owner of the bank account must correspond. Should it turn out that a user has given incorrect age information and is actually not yet 18 years old, the user is not entitled to a payout.

(5) The operator reserves the right to await the result of the processing from the side of the user (e.g. direct debiting procedures) before any out payment is being effected.

D. Inactivity and Deletion of User Account

(1) In the event of an account being inactive for a period of three months, the operator will send a reminder e-mail to the user on a monthly basis. After four months of uninterrupted inactivity of an account despite reminder e-mails, the operator will charge a monthly maintenance fee which will be debited from the account (see point F.3).

(2) In the event of no account activity for a period of 12 months, the account will be de-activated. Prior to the final deletion of the account, renewed reminders shall be sent to the user at the e-mail address specified in the account data. The remainder of the cash credit on the cash account shall be transferred to the personal account last provided by the user. In the case that a transfer to the personal account is not possible, the remaining credit will be transferred to and kept in a general account of the operator for a period of a total of 30 months (including the first dormant period of 12 months). After this period, the right to claim such amounts by the user shall expire. According to the rules and regulation of the Lotteries and Gaming Authority of Malta, after a period of 30 months of inactivity, the remaining funds will be transfered to the Lotteries and Gaming Authority of Malta.

E. Wagers and Conditions of Winnings

(1) Cash players can play against each other and wager cash. The stakes are set on a sliding scale set out in the help menu of each game.

(2) Only games played in accordance with the applicable rules of the game are scored as won games. Further, during the entire time a game is played, the players’ computers must have a working connection to the game server. In general, if there is a disconnect on the player’s side, the player will be allowed to re-enter the game during the remaining duration of the game, as far the nature of the game allows for this. Further information about game interruptions can be found on the platform in the relevant game help menus.

(3) When a game is duly rated, the total amount of wagers minus the operator fees (see F.2) will be credited to the cash account of the winner.

(4) The operator reserves the right to correct results in hindsight or to declare results void, if the result of a game was caused by a technical default, fraudulent behavior of a player or through a fake wager.

F. Fees

(1) The registration and set up of a test account and cash account are free of charge.

(2) In consideration of the provision of the games service, the account management and the solicitation of the players on the games platform, the operator retains a fee (called “Rake”), calculated as a percentage of the amounts wagered by the players. A sliding scale applies and is calculated in correspondence with the amounts wagered. The applicable percentage is set out in the help section of the respective game.

(3) Once an account has been inactive for a period of 4 months, the operator shall charge a monthly maintenance fee of €1.

(4) For out payments the operator shall charge a fee of €1 that will be retained from the transferred amounts.

(5) For the cancellation and return of an already completed payment, the operator shall charge a fee of €12.

(6) For each reminder relating to a payment return the operator shall charge a fee of €4.

(7) For the de-activation of a cash account the operator shall charge a fee of €3.

(8) Any other costs relating to the transfer of funds (e.g. bank fees for out payments, in payments, or administration charges) or additional charges (e.g. for credit card returns or charges for international transfers) are borne by the user and the operator is entitled to debit such costs from the cash account. Costs for return or unintentional payments (e.g. due to the provision of an inaccurate account number or insufficient funds on the account) that are within user’s responsibility are borne by the user. The operator’s right to claim further damages from the user (such as legal fees or fees of a collecting agency) are not affected. The operator is entitled to retain such costs from the user’s account and to instruct a collecting agency to collect money due from the user at the user’s cost.

IV. DATA PROTECTION

(1) The user agrees explicitly that the operator uses and automatically processes the personal data provided during registration. Further, the user explicitly agrees that the data provided may be retained and used even after the deletion of the account, as long as it is required for administration purposes. The operator will comply with the applicable data protection laws when handling the data provided by users.

(2) The operator is entitled to save and process connection data, in particular source- and destination IPs and all other log files, for the protection of his own server and the server of third parties. The operator is further entitled to process the data of non-personalised statistics. Otherwise the operator will save and process data only to the extent it is required to provide its services.

(3) The operator will use “cookies” (small files that are saved by the browser to the hard drive when our platform is visited) to be able to adapt the platform to the requirements and interests of the users, and to allow the recognition of a user upon their next visit to the platform. Cookies do not contain personal data. The user agrees to the use of cookies by the operator.

(4) The operator will use all reasonable endeavours to protect the user data stored on its server. The operator is not liable should a third party unlawfully seize and process such data. All claims for damages by user or a third party against the operator in connection with such event are explicitly excluded.

(5) Users can access their personal data saved by the operator at any time on the platform.

(6) Users are at any time entitled to change, amend or delete their respective personal data. The operator shall ensure that such personal data is, upon request and when not required for administration purposes, deleted. With the deletion of the personal data required for account registration, the account relating thereto is automatically deleted.

(7) The Lotteries and Gaming Authority of Malta as the government authority that regulates Beatya might request and consequently have access to personal information according to the rules and regulations of the EU country Malta.

V. LIABILITY

(1) The operator and/or their vicarious agents are liable only for damages beyond the scope of the Product Liability Law caused deliberately or upon gross negligence. The operator is not liable for slight negligence, acts of nature beyond control, consecutive damages, pecuniary damages, lost profit, lost data, lost interest and for damages from claims of third parties.

(2) The operator is not liable for the platform and the games performing without any interruptions, not containing any programming defaults and/or identified defaults being corrected, or for any resulting damages. Further, the operator cannot be held liable for the platform, its connected servers or the system of third parties accessing the platform not containing viruses or other damaging components, which could cause damage to the computer, hardware and/or software of the user, nor any resulting damage.

(3) The operator is not liable for mistakes in the course of data entry, storage and processing and for the content, completeness and accuracy of transmitted data. In particular, the operator reserves the right to correct obvious mistakes during the storage and processing of results (e.g. the mistakes relating to the identity of the players), wagers, prices, quotas etc.).

(4) The operator is not liable for damages of any kind that are caused by the undue use of the account by the user or third parties.

(5) The operator is not liable for user content or the content of advertising inserts, but reserves the right to delete content that contravenes the law or the General Terms and Conditions, when they become known and to pass on such information to the public prosecution authorities if instructed to do so.

(6) In the case of infringement of the General Terms and Conditions of the platform by the user, the user shall hold the operator blameless from any claims by third parties and any losses, costs or damages resulting thereof.

VI. GENERAL PROVISIONS

(1) The user acknowledges that some of the games offered contain an element of luck as well as an element of skill. The generation of the elements of luck is based on an internationally acknowledged random generator and is not influenced by the operator in any way. Further information on the random generator is set out under the help section on the platform.

(2) Every user accepts that the operator is entitled to refuse the registration of a user and to limit or block the access of particular users to games at its own discretion. Further, the user accepts that the granting of bonus money can be withdrawn by the operator and that the stakes and winnings of player can be retained, should they be connected with an account that has been closed or limited, or an account, which has no claim to winnings as they have expired.

(3) Users will be informed of any changes or amendments to the General Terms and Conditions per e-mail or notices on the platform. Users are obliged to regularly inform themselves about the current General Terms and Conditions.

(4) All notices relating to this contract are only valid if they are published on the platform or sent per e-mail to the address specified by the user in the registration or thereafter.

(5) The user will notify the operator of changes of name, address or e-mail address and account number without undue delay through making the relevant amendments on the platform. If the user does not notify such changes, the last data entered will be binding.

(6) If any of the provisions of these General Terms and Conditions are found invalid, the other provisions remain in full force and effect.

(7) Should there be any discrepancies between different language versions of Beatya’s General Terms and Conditions (e.g., possible interpretation differences in a translated version), the English language version shall prevail, as far as permitted by law.

(8) Beatya promotes responsible gaming. Even though Beatya’s offering constitutes skill gaming which is legal in almost all jurisdictions around the world and which does not include any gambling, Beatya aspires to provide its customers with information in order to recognize an excessive gaming problem early enough. Beatya executes active measures to avoid the negative consequences of exaggerated gaming, such as stake limitation and account blocking. Beatya does not accept under-age money players and makes every effort to avoid advertising which could attract underage individuals to try to play for money. It is made clear to customers that they are subject to their respective national legal requirements regarding the necessary minimum age.

Furthermore, as a player protection measure, Beatya users can at any time request for deposit limits to be set on their account by e-mailing us at billing@beatya.com.

At any time, Beatya customers have the possibility of closing their accounts by contacting our customer service department at billing@beatya.com. This ensures that all further money gaming possibilities are disabled. Moreover, customers can also deregister for forms of advertising such as newsletters at any time. If you feel you may have an exaggerated gaming problem, or you believe someone in your family or circle of friends may be getting into financial difficulties due to exaggerated gaming activities, you may contact – for instance - the following independent organization:

GamCare
Helpline: +44 845 6000 133
www.gamcare.co.uk

(9) Should a user have any complaints, the user can direct these anytime to Beatya under the e-mail address support@beatya.com or by postal mail to Beatya Online Entertainment Limited, Suite 5, St. Joseph, Antonio Sciortino Street, Msida MSD14, Malta. Should the user feel that her/his complaint cannot be resolved in satisfactory fashion, the user can direct her/his complaint to the Lotteries and Gaming Authority of Malta ((http://www.lga.org.mt) under the e-mail address complaints@lga.org.mt.