User Agreement

General Terms of Use 

These General Terms apply to all interactions with Winspark and must be read with all relevant promotional terms and conditions. 
Hermione is GDPR compliant and entirely committed to protecting and respecting your privacy.
Please read this legally binding agreement between Winspark and Yourself carefully, in its entirety, and ensure you fully understand it before you participate in any of Winspark’s activities. 

Note that your participation in Winspark’s activities implicitly and automatically warrants that you understand and agree to these Terms of Use. An agreement on your part constitutes full acknowledgement, acceptance of, and compliance with these legally binding terms and conditions. Please review Winspark’s Privacy and SecurityResponsible GamingCash-outBonus, and VIP terms accordingly.

The construction, validity and performance of this Agreement will be governed by Cyprus law. The English language version of this Agreement will prevail over any other language version issued by us.

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Acceptance of Terms and Conditions

If you do not agree to any of the provisions of the User Agreement, you should immediately stop using the Software and remove it from your computer and/or any other applicable device.

  • We reserve the right to amend, modify, update and change any of the terms and conditions of the User Agreement from time to time and we will notify you of any such amendment, modification or change by publishing the new version of the User Agreement on the relevant Winspark web page
  • Any modified version of the User Agreement will take effect 14 days after its publication on the Internet Site or earlier if required by any applicable law, regulation or directive. 
  • Your continued use of the Services or the Software after the aforementioned period will be deemed to constitute your acceptance of the changes to the User Agreement. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of the User Agreement and we advise you to check for updates on a regular basis.

Permitted Participation

  • No person under the age of 18 (or the age of legal consent for engaging in the activities included in the Services under the laws of any jurisdiction -  whichever is higher i.e. a person not considered “Legally of Age”) may use the Services under any circumstance.
  • Any person not so-considered ‘Legally of Age’ using the Winspark’s Services will be in breach of the terms of the User Agreement. 
  • The Company reserves the right to request proof of age at any stage in order to verify that persons not ‘Legally of Age’ are not using the Services. 
  • The Company may terminate your account and/or exclude you from using the Software or the Services if you fail to provide proof of age  or if the Company suspects that you are not ‘Legally of Age’. 
  • The Company reserves the right to withhold any funds in your account until your age is verified.

Participation in the activities and games of Winspark: 

  • Participation in all activities and games on Winspark is open strictly to residents of those jurisdictions where such participation is legal and not prohibited. 
  • Participation is void wherever prohibited by law. In placing real bets, the customer acknowledges that he/she is legally permitted to do this within their jurisdiction territory or country.
  • The availability of our games and services does not mean and cannot be interpreted as an offer or invitation to use the games and services if you reside in a jurisdiction in which such use is prohibited by law. It is the customer’s' sole responsibility to verify the legality of using our games and services prior to logging in. We advise you to check with a legal consultant the legality of using our games and services in your jurisdiction prior to logging in.
  • You warrant and represent that: you are not a resident of: USA, Israel, France, French Territories, Netherland, Belgium, Spain, Italy, Denmark, Bulgaria, Cyprus, Iraq, Algeria, Morocco, Jordan, Pakistan, Tunisia, South africa, Australia, Iran and UK.
  • You warrant and represent that: you are not classified as a compulsive gambler.

Employees of Winspark, its proprietors and agencies and their families and friends are not eligible to enter any promotion offered by Winspark.

Compliance with Laws

Internet gambling may not be legal in some jurisdictions. You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Services and the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction. Please verify the relevant laws in your jurisdiction before registering with the Company and using the Services.

The Winspark services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that your use of the Software and the Services will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Software and the Services under the laws of any jurisdiction that applies to you. By accepting these terms, you agree to assist the Company, to the extent you are able, with its compliance with applicable laws and regulations.

Responsible Gambling

While your enjoyment is of utmost important to us, we are serious about responsible gaming. Your participation in all and any Winspark activities, implicitly warrants and represents that you are not classified as a compulsive gambler.

Game Participation 

  • The games are for entertainment purpose only. By participating in Winspark’s games you acknowledge and provide that: 
  • No purchase is necessary or required to play any of Winspark’s games; you may play without betting money if you wish. 
  • Any participation in Winspark’s games is at your own discretion and risk.
  • You are fully aware of the fact that there is a risk of losing money through the use of our the software games should you choose to bet money at your own personal discretion and risk  
  • By playing on Winspark you acknowledge that you do not find the games or the brand to be offensive, objectionable, unfair, or indecent.

Copyright and Trademarks

For the avoidance of any doubt, the Company is the owner licensee of the copyright, trademarks and other intellectual property rights and/or the Interactive System and all games offered on the website. customers and prospective customers acquire no rights therein by using the services and/or our website. In addition, other content on the website, including, but not limited to, the software, images, pictures, graphics, photographs, animations, videos, music, audio and text or any of the site’s content belong to the Company or one of its companies and/or its licensors and is protected by copyright and/or other intellectual property, or other rights. Under no circumstances may you use the Site Content without prior written consent.

By using the website as a member (signing up; opening and account; playing with real money or for fun), you agree to abide by its rules and classifications. You are by definition agreeable to the terms not only in the process of your account but also in any reimbursement the site offers you, the customer, by way of a prize, whether cash or any other reward mechanism. Your use of Winspark software and any of our services necessarily implies your acceptance of all these terms that shall remain in force indefinitely. That is, you are bound by this Agreement if you use the software or the website in any way, including, but not limited to, initiating or making a deposit through your Account or submitting your deposit details to us.

When necessary, terms and conditions may be changed or altered. The customer accepts this as part of Winspark’s prerogative to do so if and when necessary. Though each change will be time and date stamped, it is the responsibility of the customer to check the terms at the time of deposit. This document takes effect at the initial registration but we encourage all customers to check again prior to depositing. 

Refund Policy

Refund will be addressed only in cases where an alleged unlawful transaction has taken place on Winspark and should be requested within the first twenty four (24) hours of such the transaction. 

We reserve the right to withhold the refund request until we are satisfied with the customer’s full identification and provision of the required documentation. The requestor agrees to provide a notarized or certified identification in compliance with the  laws of the customer’s jurisdiction. Any required documents that are not submitted within five (5) days of Winspark’s request, will result in refund denial and termination of the customer’s Account and funds remained therein. Such decision is final, mandatory and not subject to appeal.

Your Representations and Undertakings

In consideration of the rights granted to you to use the services offered, you represent, warrant, covenant and affirm that:

By registering as a User of Winspark, it is implicit that:

  • You are not depositing funds originating from criminal and/or unauthorised activities and that 
  • You are not conducting any criminal activities and/or have any intentions to use your Player Account in connection with such activities. 
  • You are not using or intending to allow any other person to use the software and the Player Account for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any applicable law in particular to your jurisdiction and the laws that apply to us.

Winspark reserves the right to cancel your account for any reason whatsoever at any time without notice. Any balance in your account at the time of such cancellation will be sent to you by cheque.

Winspark reserves the right, in its sole discretion, to void any winnings and confiscate any balance in your account for any of the following circumstances:

  • If you have more than one active account at Winspark.
  • If the name on your account does not match the name on the credit card(s) used to make purchases for your account.
  • If you participate in a promotion and withdraw before fulfilling the requirements of that promotion.
  • If you provide incorrect or misleading registration information.
  • If you are under the age of 18.
  • If you reside in a jurisdiction that prohibits your participation by law.
  • If you have allowed or permitted (intentionally or unintentionally) someone else to play and or use your account.
  • If you have 'charged back' any of the purchases made with your credit card on your registered account.
  • If you are caught cheating or if it is determined by us that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the software.
  • If you are found to be cheating or attempting a fraud, the Company reserves the right to publicise your actions together with your identity and email address, as well as to circulate this information to other, banks, credit card companies, and appropriate agencies. If you make libelous statements with regard to the Company's operation, the Company reserves the right to block your account without notice and take any legal action necessary in order to safeguard the Company's reputation.

Cash-out Procedures

Winspark reserves the right to pay out all winnings at a maximum rate of fifteen thousand euros (€15.000) a month. Any winnings will be paid out at the same monthly rate until completion. Any amount to be withdrawn that is greater than the maximum specified will be transferred back into the player's account. Withdrawals depend on all conditions outlined above and the verification of all required documents as requested.

  • Prior to releasing any winnings to you, the Company will conduct a security review and will require you to provide such identification or other information or documentation as the Company, in its sole discretion, believes is necessary. 
  • If you fail to comply with any security requests, the Company reserves the right to void any winnings in your account.
  • Before payment of any winning, it must be validated according to this Agreement and all terms and conditions set. We reserve the right to make the sole and final decision as to the winning status and our decision will be final, binding and not subject to appeal.
  • By accepting any prize and/or winnings, you implicitly consent to the use of your name and/or likeness for advertising and promotional purposes without additional compensation except where prohibited by law (refer to the ‘Winning’ subsection of our Privacy Policy for more details).
  • If you have any dispute with regard to any outcome in the Game, you must submit your complaint to the Company in writing within fourteen (14) days. If the complaint is received after this time, we will not address it. However, if there are extenuating circumstances or a customer is incapacitated or otherwise unavailable for comment, we will address these issues on a case-by-case basis while reserving the right to invoke the 14-day rule above.
  • In the event of a discrepancy between the result showing on your games software and the games server software, the result showing on the games server software will be the official and governing result of the Game.
  • In the event of Malfunction in the games and/or the games server software, all plays/bets and winnings resulting from the malfunction are voided.
  • You and only you are responsible for any taxes on any prizes and/or winnings that you collect from the Company. The Company reserves the right, without notice to discontinue any activity or game at any time.
  • If you do not log onto your account for a period of 180 days, any balance in your account will be forfeited to the Company.
  • You are responsible for keeping your user and password secure and secret. No one but you is allowed to use it. Not any other person or third party including, without limitation, any minor, is permitted to use or reuse your account; access and/or use any materials or information from the website; accept any Prize, or participate in the games. You are responsible for any purchases and/or losses that may occur on your account.
  • In the interest of fair gaming, in order to cash out any amount of money, you must wager at least thirty (30) times your bonus unless otherwise stipulated in writing by an approved representative of Winspark. 
  • Once you receive the bonus, you cannot withdraw any amount from your account until you have met the wagering requirements. 
  • We reserve the right to offer, from time to time, bonuses and/or promotions. Any such offer will be subject to its own terms and conditions. We reserve the right to withdraw any of these special offers and bonuses at any time. 

You understand that by accepting a bonus payment offered by us to you are bound by the terms and conditions of our Bonus Policy. We reserve the right to amend and make any changes to this Agreement and/or to games, games rules, Bonus Terms and Cash-out Policy. We encourage you to visit the terms to check for the latest updated version.

Payment Transactions and Payment Fraud

  • Each user of the Service is fully responsible for paying all monies owed to the Company. You agree that you will not make or attempt to make any charge-backs, and/or deny or reverse any payment that you have made and you hereby agree that you will reimburse the Company for any charge-backs, denial or reversal of payments you make and any loss suffered by the Company as a consequence thereof. 
  • The Company may, at its sole discretion, cease to provide the services or withhold payment to certain users or to users paying with certain credit cards.
  • We reserve the right to run credit checks on all users with third party credit agencies on the basis of the information provided to us upon registration.
  • We reserve the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the services. To the extent that they do not conflict with the terms of the User Agreement, you agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.
  • If we have a reasonable suspicion that a fraudulent payment is being made or received, including use of stolen credit cards or any other fraudulent activity (including any charge-back or other reversal of a payment), we reserve the right to block or terminate a user's account, reverse any payout made and recover any winnings. In such a case we shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall the Company be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
  • Our expectation is that our members will deposit in order to actively play with their own funds. On accounts where this does not seem to be the case, we reserve the right to enforce a wagering amount on your deposited funds, before allowing any withdrawal from said account. This wagering amount will be a multiplication of the total deposited funds, which we will specify depending on the case. We reserve the right to require this wagering to be performed in specific games, and to exclude certain low risk bets or game types, at our discretion.

Personal Information

Your Personal Information collected by us is kept strictly confidential. We collect your Personal Information when you register to become a member of our site and voluntarily provide it when you use the site or use it when you communicate with us. If you register to become a customer of our services, we may use the Personal Information that you provide for billing purposes, and to administer and manage your account and provide promotional updates regarding such products or services as contemplated above. 

We may occasionally hire other companies to provide limited services on our behalf, including without limitation, identity verification, payment processing and the provision of software. We will only provide these companies that information which is reasonably required to perform the service, and they will be prohibited from using that information for any other purpose. I.e. when any of our third-party contractors or partners collect and/or have access to your personal information we require that they adhere to our stated Privacy Policy and protect the confidentiality of your Personal Information.

Indemnity 

You agree to fully indemnify, defend and hold Winspark and its officers, directors, employees, agents, contractors and suppliers, blameless from and against all claims, liabilities, damages, losses, costs and expenses, including a) legal fees arising from any breach of this Agreement by You; b) any other liabilities arising from  your use of the company’s services or use by any other person accessing the company’s services using your user identification - whether such use is with or without your knowledge and/or express authorisation.

In addition to any other remedy available, should you breach any of the terms and conditions of this Agreement or should the Company have reasonable grounds to suspect that you have breached the terms and conditions of this Agreement, your winnings may be forfeited at the discretion of the Company and it may duly retain any existing positive balance in your Player Account on grounds of damages or other amount owed by you pending investigation and/or at the conclusion of legal proceedings. Failure to comply with this Agreement may also result in disqualification, Player Account  termination and/or legal action.

Limitations of Liability

You agree that you are free to choose to use the Winspark services and do so at your sole discretion and risk.

  • The Company shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party's, use the services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
  • The Company shall not be liable in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the site. 
  • You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the the services.
  • Nothing in the User Agreement will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company's negligence.
  • You agree that, in the event that the services fail to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission; any loss or corruption of data or communication or lines failure; any person's misuse of the site or its contents; any error or omission in content, or any other factors beyond our control: (1) the Company will not be responsible for any loss, including loss of winnings, that may result; (2) if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to your account in error to the Company (as directed by the Company)   and (3) the Company may, at its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by the Company.

NO WARRANTY

THE SERVICES ARE PROVIDED "AS IS". THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPLICIT OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. 

THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, AND RELIABILITY OF THE MATERIALS, OR AS TO THE RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES.

A MALFUNCTION VOIDS ALL PAYMENTS. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA OR WINNINGS OR BONUSES OR ANYTHING ANALOGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU AND THE COMPANY SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS (WHENEVER SUCH SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES ARE DISCOVERED) RELATION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS EXCEPT THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK-UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.

IF YOU RECEIVE ANY WINNINGS OR BONUSES (OR ANY OTHER SIMILAR BENEFIT) (“BENEFITS”) AS A RESULT OF ANY ERROR MADE BY US OR ON OUR BEHALF (WHETHER TECHNICAL OR MANUAL) IN CALCULATING, ALLOCATING OR DISTRIBUTING BENEFITS, WE MAY VOID THE BENEFITS AND, TO THE EXTENT THAT YOU HAVE ALREADY RECEIVED OR WERE  CREDITED WITH A PAYMENT IN RESPECT OF THE SAME, YOU WILL REPAY THAT AMOUNT TO US OR WE MAY DEDUCT IT FROM YOUR ACCOUNT.

THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.

Breach of these terms and conditions
You agree to fully indemnify, defend and hold the Company, its  partners and their respective companies and officers, directors and employees blameless  from and against all claims, demands, liabilities, damages, losses, costs and expenses - including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (1) any breach of the User Agreement by you; (2) violation by you of any law or the rights of any third party; (3) your use  of the services or software or use by any other person accessing the services or software with your user identification, whether or not with your authorisation; or (4) acceptance of any winnings.

In addition to any other remedy available, if you breach any of the terms and conditions of this Agreement or if the Company has reasonable grounds to suspect that you have breached the terms and conditions of this Agreement, your winnings may be forfeited at the discretion of the Company and it may duly retain any existing positive balance in your Player Account on grounds of damages or other amount owed by you pending investigation and/or at the conclusion of legal proceedings. Failure to comply with this Agreement may also result in disqualification, Player Account  termination and/or legal action.

General

  • When you register an account - for fun play or real money -  that account will serve as your identity for as long as you will be using our services. You warrant and represent that all the details, including debit/credit card details, given during the registration process with Winspark are accurate and you will continue to update the relevant details, should there be any changes. 
  • We reserve the right at our sole discretion to refuse to open an account to any individual.
  • Your decision to use the services is made at your own discretion and risk. We will not be responsible for any loss, including loss of winnings.
  • The Company is not liable for computer malfunctions or attempts by customers to participate in the Game by methods and/or means not intended by the Company. Winspark is not responsible for the functionality of the internet. In the case of malfunction this is the sole responsibility of the customer and their system or system provider.
  • You shall hold the Company, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers blameless and shall fully compensate for any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of: (i) your entry, use, or reuse of the website, (ii) your use of any materials at the website, (iii) your entry, use, or reuse of the server, (iv) your participation in the Game, or, (v) your acceptance of any prize.
  • If any of the materials of the games are interfered with, mutilated, forged or damaged, they become void and unusable. 

We reserve the right to amend and make any changes to this Agreement and/or to games, games rules, Bonus Terms and Cash-out Policy.  If you disagree with changes made to this Agreement or any other bonus term or game rules, you should immediately cease all activity in your account.

Such substantial changes will take effect seven (7) days after such notice was provided on any of the above mentioned methods. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date, and your continued use of our services after the Last Revised date will constitute acceptance of and agreement to be bound by such changes.

If you disagree with the changes made to this Agreement and or in our Privacy Policy, you should immediately cease all activity in your Player Account, including any use of the company services. In such an event, please close your Player Account and request to be unsubscribed from all correspondence with the Company and its services.

The terms and conditions contained herein represent the complete, final and exclusive agreement between Yourself and the Company and supersede and merge all prior agreements, representations and understandings.

This Agreement shall be governed by, and interpreted in accordance with, the laws of Cyprus.

This User Agreement has been drafted in English. In the event of any discrepancy between the meanings of any translated versions of this Policy and the English language version, the meaning of the English language version shall prevail.

Last updated: 13th November, 2018