Terms & Conditions
These Terms and Conditions (“T&Cs”) constitute and govern the contractual relationship between the parties; Wish Me Luck Ltd, a company duly registered under the laws of Malta on the 3rd February 2016 bearing registration number C 74208, and having its registered address at 527 St Paul‟s Street, St Paul‟s Bay, Malta, and licensed in Malta to provide gaming services under Licence No. MGA/CL3/1206/2016, issued on the 16th November 2016 by the Malta Gaming Authority, hereinafter referred to as “Wish Me Luck Ltd” or “Company”; and you, as the user, hereinafter referred to as “You” or “Player”.
These T&Cs are composed of the following main sections:
- GENERAL T&CS - https://www.wishmeluck.com/terms-and-conditions
- RESPONSIBLE GAMING POLICY - https://www.wishmeluck.com/responsible-gaming-policy
- ANTI-MONEY LAUNDERING POLICY - https://www.wishmeluck.com/aml-policy
- SECURITY POLICY - https://www.wishmeluck.com/security-policy
- The following words and terms, should be interpreted as follows, unless, the context clearly implies otherwise:
- “Account” and „‟Player’s Account‟‟ shall mean a personal account opened by an individual and maintained by Wish Me Luck Ltd as to allow a Player to play the Games;
- “Application Form” shall mean the form to be filled in by an individual to open an Account;
- “Bet/s” shall refer to the amount of money paid by a Player to Wish Me Luck Ltd and which is a principal requirement for the placing of Wagers in accordance with these T&Cs;
- “Company” or “Wish Me Luck Ltd” shall include Wish Me Luck Ltd‟s online gaming system, as well as all services and game offer activities related to it, including but not limited to the Game;
- “Cancellation” shall refer to cases where a Game is either cancelled or where the agreement between the Player and Wish Me Luck is considered invalid. In these instances a full refund is paid;
- “Game(s)” refers to any gaming activity presented by Wish Me Luck on the Internet Site for the benefit of the Players and as approved by the Regulatory Authority;
- “Governing Law” shall refer to the Laws of Malta;
- “Internet Site” shall mean the website www.wishmeluck.com and all other websites connected to it and accessible through links or other access paths and the services available through such sites;
- “Login and Password” shall mean the login and password details that are chosen by the Player upon registering with Wish Me Luck Ltd;
- “Player” or “You” shall mean the individual who has registered with Wish Me Luck Ltd and in whose name an Account has been opened and “Your” shall be construed accordingly;
- “Price” shall mean the equivalent monetary value in Euro of that particular Reward as displayed in the Internet Site;
- “Prize/s” shall refer to the prizes which may be won by the Players when betting on the Games. The Prizes may take the form of the Reward or the Value as applicable;
- “Regulatory Authority” is the Malta Gaming Authority (MGA), which is the main regulator of remote gaming operations in Malta;
- “Relatives” means spouse, partner, parents, children and/or siblings;
- “Reward” shall mean luxury items, including but not limited to cars, motorcycles, yachts, holidays and jewelry, which may be won by the Player when participating in a Game in the form and specifications listed on the Internet Site and as determined by the Company;
- “RNG” shall mean a software true random number generator;
- “Software” shall mean the software owned by Wish Me Luck Ltd including all programs and databases and any other derived content, requiring download, whether accessible or otherwise used by the Player through the Internet Site and allowing the Player to participate in the online Bets;
- “Us”, „‟Our‟‟ and “We” shall mean Wish Me Luck Ltd;
- “Value” shall mean the monetary value equivalent to the value of thirty percent (30%) of all the Tickets sold in that particular Game as recorded in the system of the Company.
- “Visitor” shall mean the person who visits and browses the Internet Site without registering as a Player;
- “Wager” is an agreement between the Player and Wish Me Luck under which each Player pledges a certain amount to the other depending on the outcome of an unsettled matter.
- Use of the Internet Site, and the information, materials and links in it, is solely upon the T&Cs set out below (Version No 1, last updated on 7th October 2016), which constitute the entire agreement between the Player and the Company for the use of the Internet Site and the Software.
- The rules herein are effective as of 5th December 2016. These T&Cs shall immediately become effective as from the date when the Player registers his Account with the Company and clicks “I agree”.
- The T&Cs in the English language shall be the official source of reference for any complication/dispute related to the use of the Internet Site, our services or Software. All Games played on the Internet Site are duly subject to the rules as specified in the T&Cs. Should these T&Cs be available in any other language, such T&Cs shall be a faithful translation of the T&Cs in the English version. Should there be any discrepancy between the T&Cs in the English language version and the version in any other language, the English version will prevail.
- The Company hereby reserves the right to suspend, add, end, amend and/or supplement these T&Cs from time to time as it may deem appropriate.
- In case of modification of these T&Cs, on logging into his Account, a pop-up box will inform the Player that the T&Cs have been updated. The Player shall be requested to agree with the updated T&Cs. Any such changes shall be deemed effective as soon as they are accepted by the Player. If the Player refuses to accept the updated T&Cs, the Player‟s Account shall be suspended but the Player will have the option to withdraw any funds held on his account by the Company.
- The Company is under no obligation to verify if all the Players use the Internet Site and/or the Software according to the updated rules of these T&Cs. The version posted on the Company‟s Internet Site is the effective version, and that which Players should use as reference. It is the Player‟s responsibility to inform himself regarding the T&Cs, as well as being familiarized with the modifications that affect or will affect the Player.
- The Internet Site shall not be used by minors and any such use shall be reported to the police.
- The Internet Site may only be used for lawful purposes. Use of the Internet Site for transmission, distribution, publication or storage of any material on or via the Internet Site which is in violation of any applicable law or regulation or any third party's rights is strictly prohibited. This includes (without limitation) the use of the Internet Site or the transmission, distribution, publication or storage of any material on or via the Internet Site in a matter or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law. It is solely for the Player to establish whether his registration with the Company and use of the Internet Site is lawful.
- In the event of misuse and/or the abuse of the Internet Site, the Company reserves the right to close or block the Player from the Internet Site and close any Account registered in the Player‟s name.
Rules & Procedures governing the Games
Player Registration and Deregistration process
- The processing and opening of an Account is only granted to full-aged individuals of at least eighteen (18) years of age or the respective minimum age according to the corresponding national legislation and is prohibited to residents of the USA as well as residents of any other country wherein laws prohibit said accounts.
Law Applicable to Players
- It is the Player‟s responsibility to know whether the processing and opening of an Account is allowed within the Player‟s jurisdiction. Any funds deposited or any winnings by persons not playing regularly and lawfully according to their own law shall be forfeited to the Regulatory Authority.
- The Player understands and accepts that the Company is unable to provide the Player with any legal advice or assurances and that it is the Player‟s sole responsibility to ensure that at all times s/he complies with the laws that govern him/her and that s/he has the complete legal right to open an Account with the Company and to play the Games. Any participation in the Games is at the Player‟s sole option, discretion and risk. By playing the Games, the Player acknowledges that s/he do not find the Games or services to be offensive, objectionable, unfair, or indecent in any way.
- The Company reserves the right to limit/refuse Bets from any person, for any reason and without prior explanation as well as the right to refuse registration on its website. In cases of apparent violation of any rule(s) by the Player or any other wrongdoing, the Company reserves the right to close an existing account and a refund on any existing bets will be paid.
- To be able to play on the Company‟s Internet Site, an Account must necessarily be opened. Upon opening an Account, the Player will be sent an email confirmation with a verification link to the email address provided by the Player via the registration process and through which the Account may be activated. The Player is responsible for ensuring that said passwords are kept secret.
- The Company shall not permit a person to participate as a Player in a Game conducted by the Company unless that person is registered as a Player and holds an Account with the Company.
- To open an Account and become a Player, an individual must fill in the Application Form provided by the Company which shall at least include the following details:
- Confirmation that the person is at least 18 years of age;
- Name and Surname;
- Valid email address;
- Acceptance of these T&Cs and ancillary policies.
- In the course of registration, a user will also be required to provide a username and password through which the Player Account may be accessed.
- The Player confirms that all information contained in the Application Form submitted to the Company is true, accurate, and complete, and corresponds to the name(s) appearing on the credit cards used for the deposits and payments of gains.
- The Company has the right to take any measures and adopt any procedures to obtain the identity of a Player and to verify such. If such identification and verification is not obtained, or where the Company knows or suspects that the transaction may be related to money laundering or the funding of terrorism, the Company shall not proceed with such transaction and shall have the right to close such Player‟s Account and shall have the right to disclose details of such transaction to the Financial Intelligence Analysis Unit in Malta. https://www.wishmeluck.com/aml-policy
- The Company reserves the right to refuse registration on its Internet Site of any person for any reason and without prior explanation.
- The Company reserves the right to verify the financial solvency of any of the Players, through the information furnished during registration and through third parties. In the event that such a Player‟s insolvency is verified, then the Company shall have the right to terminate/close down the Account and prohibit the Player from opening another Account with the Company.
Opening of a Player Account
- Players must register personally.
- It is the Players ‟responsibility to ensure that their records with the Company are kept up to date. It is the Player’s responsibility to update the Players‟ account with regard to any changes to the Player’s personal information.
- The Company strictly prohibits Players from selling, transferring and/or acquiring Accounts to or from other Players.
- It is prohibited for Players to transfer funds amongst Player Accounts.
- The Company reserves the right not to register or to cancel Your registration and Player Account in the event that the information provided to the Company were found to be false, inaccurate, deceitful or incomplete. The Company will honour any contractual obligations already made up to the exercise of its right of refusal.
- By opening an Account with the Company, the Player gives his authorisation to the processing of any personal data in compliance with the privacy laws in force in Malta. The processing of personal data is exclusively managed to the end of account maintenance for use of the services as offered by the Company and other lawful purposes.
- The Company assures Players that their personal data is processed fairly, lawfully and in accordance with good practise and is only collected for specific purposes which are known and accepted by the Player when such Player chooses to make use of the Internet Site and the Software systems. https://www.wishmeluck.com/privacy-policy
- The Company reserves the right to deny or retract, for whatever reason deemed necessary by the Company, any or all Player screen names and/or usernames, whether before, during and after these names have been issued or validated.
- In the event that the Player‟s Account is otherwise in accordance to these T&Cs, the Company will give the Player an opportunity to create a new screen and/or username.
- The Player is advised to choose a strong and non-predictable password for security. It is advisable not to use obvious dictionary words (e.g. “password”), or consecutive numbers or letters or obvious personal information, for instance children‟s names. The password should not be the same as the username, name or email address and should not be reused when choosing a new password.
- It is the Players‟ responsibility to ensure they keep their Login and Password and security details confidential. In the event that there is concern that the secrecy of such details is no longer the case, the Player should notify the Company immediately whereupon new details may be forwarded to the email address provided during initial registration or as updated thereafter by the Player and any future transactions under the previous details would be considered void.
- The Company is in no way responsible for the eventual access to a Player‟s Account by a third person and shall not be held responsible for any eventual loss suffered due to the illicit use of a
Player‟s Login and Password by a third person, of unauthorized access, and/or for any transaction in which the Login and Password of a Player was registered correctly.
- The Company is in no way responsible if the Player forgets, misplaces, or loses his password, except as a result of an error on the part of the Company. The Company shall not at any time during its relationship with the Player be responsible to store the Player‟s Login and Password.
- Each Player is allowed to open only one Account in his own name. Use of more than one Account per physical Player is known as “multi-accounting” and as such is strictly forbidden. The Company retains the right to close an Account at any time and to cancel all the transactions pertaining to any Player who has registered more than one Account in his own name or under different names, in the event that the Company has reason to suspect that the registration of multiple accounts has been undertaken with the intent of defrauding or cheating, the Company shall have the right to block regular play and/or prize distribution should any evidence of multi-accounting arise.
Misuse of Accounts
- Funds deposited must be utilised for the playing of the Games and any suspicious activity on an Account could lead the Company to report the Player to the Regulatory Authority and any other relevant authorities, freeze the funds and even close the Account.
- In the event of misuse and/or the abuse of the Internet Site and/or the Software, the Company reserves the right to close or block the Accounts of the Player in question until the matter between the Company and the Player is resolved.
- If the Player does not access the Account by “logging in” using his Login and Password for any period of twelve (12) consecutive calendar months, his Account shall be deemed to be “Inactive”.
- At least thirty (30) days prior to any fees being incurred by an Inactive Account, the Player shall be notified that an Inactive Account fee, amounting to five (5) Euro, is to be charged to his Account for every month of inactivity. The Player shall be given the option to withdraw the deposited funds in order not to incur such fees.
- In the case of dormant, closed, blocked and excluded Accounts, funds may be recovered by sending an email to the Company on firstname.lastname@example.org.
- Notwithstanding the preceding clauses contained in this section, if no transaction has been recorded on a Player’s Account for thirty (30) months, the balance on the Account shall be remitted to the Player, or if the Player cannot be satisfactorily located, to the Regulatory Authority. Provided that no claim shall lie against the Company after it has remitted the balance in a Player’s Account to the Regulatory Authority.
Account to the Regulatory Authority.
Closing of Accounts
- Any Player is entitled to close his Account and terminate this Agreement at any time by choosing the option to close the Account directly from the Internet Site. After such request is made, the Company will then respond within a reasonable time. The closure of the Account and termination of this Agreement becomes effective only after notification in writing from the Company confirming closure of Account and termination would have been sent to the Player at the email address that was provided to the Company, provided that the Player shall be responsible for activity on his Account until such closure has been effected by the Company and notified to the Player.
- The Company is entitled to terminate this Agreement immediately on notice (or attempted notice) to the Player at the email address that was provided to the Company. Where the Company has terminated an Account as a result of a failed security review, any Account balances are non-refundable and deemed to have been forfeited.
- In the event of cancellation of the Player‟s Account, a Player shall be permitted to withdraw any balances exceeding withdrawal fees.
- The Company shall endeavour for payments to take place within five (5) working days following the Player‟s request, excluding the time required by banks or other payment solution providers, but does not hold itself liable for a specific period of time in this regard.
List of Accounts
- The Company shall, at all times, keep a secure list of all registered players and shall ensure the security of all Accounts. https://www.wishmeluck.com/security-policy
Fraudulent Activity and Misuse of Accounts
- The Company has a zero tolerance policy towards inappropriate play and fraudulent activity. It prohibits all player collusion. If, in the Company‟s sole determination, the Player is found to have cheated or attempted to defraud the Company or any other Player of any of the Games in any way including, but not limited to, game manipulation or payment fraud, player collusion or if the Company suspects the Player of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), the Company reserves the right to suspend and/or close the Account and to share this information (together with the Player‟s identity) to other online gaming Internet Site, banks, credit card companies, and appropriate agencies.
Financial Issues and Payments
- All payments to and from the Account must be paid in the currencies available on the Internet Site from time to time and all payments into the Account must be from a payment source on which Player is the named holder of the Account.
Deposits by Players
- The Player certifies that the money used by the Player to play the Games through the use of the Internet Site are not from any illegal source. By playing the Game the Player is declaring that he shall in no way use the Internet Site or the Software with the purpose of transferring such funds from illegal sources. The player will not use the Internet Site and or the Software for any illicit or fraudulent activity, or for any unlawful or fraudulent transaction (including money laundering), in accordance to the laws of all the jurisdictions having authority over the Player. The Company reserves the right to discontinue or block the Account(s) of the Player, at any time, and until the matter has been resolved, if the Company has the slightest doubt as to the legality of the source of funds used by the Player to play on the Internet Site;
- The Company shall not accept cash from a Player and funds may be received from or by the Player only by any of the following methods-
- credit cards;
- payment processors; and
- bank transfer.
- Players may only use their own credit / debit card in their own account. Any deposits made using another individual‟s credit / debit card will be refunded and any Games played with funds from such card will be deemed void.
- The Player acknowledges and confirms that, on the Player making a deposit, the Company has internal checks which it undertakes for the purpose of Know Your Client procedures.
- The Company hereby ensures the security of all financial information on the Player and financial documents whether relating in/directly to the transactions affected between the Player and the Company or between the Company and the relevant tax authorities.
- Money deposited in the Player Account shall be available for withdrawal after such money has been used in a Wager.
- Money deposited in the Player Account shall be available for use in the Player‟s Account within twenty four (24) hours from receipt of the money by the Company (or earlier where possible). The twenty four (24) hour time frame specifically excludes the time that the bank, or the payment solutions undertake to process the transfer.
- The minimum deposit (per deposit) is of five EURO (5€). The Company reserves the right to vary the minimum and maximum amount of funds that can be deposited with the Company per transaction.
- The Company guarantees that any monies deposited by a Player in relation to a Game shall not be withdrawn by the Company until that Game has finished.
- Players should not treat the Company as a financial institution and shall not expect interest on their deposits.
- Notwithstanding the above, the Company declares and affirms that, should any interest be payable to the Account, it shall be credited only to that Account.
- The Player may at any time request a payout from the existing balance of his Account in whole or in part provided all payments have been confirmed and all amounts deposited. Any expense related to withdrawal requests shall be charged to the receiver.
- Withdrawal requests shall be processed immediately. The Company maintains a target of five working days at longest for the processing of payouts but does not hold itself liable for a specific period of time in this regard. The five (5) day time frame specifically excludes the time that the bank or the payment solutions offered by the Company undertake to process the transfer.
- The Company reserves the right to suspend a cash-out request pending verification of Player‟s identity, age and location.
- In any case, the Company shall not make a payment out of an Account to a Player until the Player‟s identity, age and place of residence have been verified. Withdrawals from an Account can only be addressed to the person registered on the Client account and as per the conditions specified on the Internet Site. Payouts shall be made through the same route from which the funds originated with the exception of those cases where the payment solutions used by the Player do not offer redirection of payouts to the same route. In such case, the Player is to contact the Company email@example.com and provide withdrawal solutions having same details of registration as those registered on the Client account. In any case, the Company shall not make a payment out of an Account to a Player until the Player‟s identity, age and place of residence have been verified.
Remission of the Prize
- The Prize to be won by participating in the Games shall take the form of the Reward or the form of the Value as applicable. The Player is to refer to the Rules of the Games for more details in this regard https://www.wishmeluck.com/game-rules and https://www.wishmeluck.com/how-to-play.
- Wherein the Prize takes the form of the Value, a monetary amount equivalent to the Value shall be remitted by the Company to the name and address of the bearer of the Account as it exists in the Company‟s records. The Value will be credited to the account following confirmation of the final result.
- Wherein the Prize takes the form of the Reward, the Reward shall be remitted by the Company to the Player by courier and/or postage services on the Player‟s address provided to Company at the time of Account registration. Courier and/or postage services associated with the remission of the Reward by the Company to the Player shall be borne by the Company.
- The Company undertakes to use its best efforts to remit to the Player the Prize in the form of a Reward within ninety (90) days from the date that the Game has been concluded.
- The remission of the Prize shall remain the responsibility of the Company until the Prize is paid to the Player in case of Value or received and signed for by the Player in case of a Reward.
- Should the Company, for any reason whatsoever (including not being able to adhere to the timeframe referred to in the immediately preceding clause), be unable to remit to the Player the Reward, the Company shall, instead, remit to the Player a monetary amount equivalent to the Price, which monetary amount shall be determined by the Company and listed on the Website per open Game.
- In all cases the Company shall solely award the winning Player the Reward or the Value in accordance with the records in its system and these T&Cs.
Know Your Client Procedures
- When the cumulative value of all withdrawals requested to be effected by a Player as from the moment of registration amounts to two thousand three hundred Euro (€2,300) or the equivalent in all the other currencies, the Company shall not accede to the last withdrawal request made by the Player in this regard until the Player‟s identity, age and place of residence have been verified (for example by means of an identification document and utility bill). The same shall apply with regards to the remission of a Reward by the Company to the Player. No remission of a Reward shall be made by the Company to the Player wherein the value of the Reward/s, whether singularly or cumulatively, exceeds the value of two thousand three hundred Euro (€2,300) or the equivalent in all the other currencies, until the Player‟s identity, age and place of residence have been verified.
- Should funds be added to a Player‟s Account in error, it is the Player's responsibility to notify the Company of the error without delay. Any winnings subsequent to the error and prior to the notification of the Company provided they are linked to such error, shall be deemed invalid and returned to the Company.
Changes to Account Balance by Third Parties
- The Company cannot be held liable for changes to a Player‟s Account balance due to someone else playing using that Player‟s Login and Password.
Proof of Payments
- The Player acknowledges that the Company reserves the right to request proof of payments to Accounts for all alternative payments. The Company reserves the right to request a Player‟s bank account numbers at any time.
Player Self Protection Mechanisms
- The Player may by written notice or electronic notice to the Company:
- set a limit on the amount the Player may Wager within a specified period of time;
- set a limit on the losses the Player may incur within a specified period of time;
- set a limit on the amount of time the Player may play in any one session;
- exclude the Player from playing for a definite or indefinite period of time.
- A Player who has set a limit or exclusion may change or revoke the limit or exclusion by written notice or electronic notice given to the Company.
- A notice increasing or revoking a limit or decreasing the exclusion has effect only after seven (7) days after the Company has received the notice.
- A notice reducing a limit or increasing the exclusion has effect immediately after it is received by the Company.
- The Company shall not accept a Wager from a Player contrary to a limit or exclusion set by the Player under these T&Cs.
Rules of the Game
- The rules for playing the Games may be found here https://www.wishmeluck.com/game-rules and https://www.wishmeluck.com/how-to-play.
- The printout of a Game that has been played is not considered to be a receipt of the winnings. A Game shall be considered as having been won if it is listed on the Player‟s Games list/on the
- In the event that a Player wins a Prize by playing on the Internet Site, the Player agrees to give the Company the exclusive, permanent and irrevocable right and authorization to use the Player‟s name, photograph, and portrait in all media as part of the Company‟s marketing and promotional needs, and for its Internet Site(s), on a worldwide level, and to be fully cooperative with Company representatives including support staff.
- Cancellation of the Games is foreseen in the event of system failure.
- In case of systems failure in the course of the placing of a Bet, the Bet shall be deemed as accepted and concluded if it is recorded in the system of the Company. A Bet is valid only once the Company has confirmed acceptance by returning the relative bet confirmation code.
Conflict in Results
- In case of conflict between the result posted on the Internet Site and the result recorded in the Company‟s server, the result posted in the Company‟s server shall take precedence. The holder of the Account understands and agrees that the Company‟s records shall be the final authority in determining the terms of his participation in the Games, the activity resulting from there and the circumstances in which they occurred. Hence, the Player understands and accepts that the settlement of any conflict between the Player and the Company will be determined based on the records kept by the Company.
Competitions and Promotions
- Parts of the Internet Site may from time to time contain competitions, promotions or similar and related activities offered by the Company or by third parties. Any specific additional terms and conditions for participation in any such competitions, promotions or similar and related activities will be specified on the relevant part of the Internet Site from time to time (“Terms of Participation”). By entering or participating in the relevant competitions, promotions or similar and related activities, a Player agrees to be bound by those Terms of Participation in addition to these T&Cs and in the event of any conflict or inconsistency, the Terms of Participation will prevail. The Company specifically retains the rights, at any time and without notice, to remove, alter or add to competitions, promotions or similar and related activities on the Internet Site without liability to the Player.
Abuse of Promotions
- The Player binds himself not to abuse the ability of opening Accounts in order to benefit from bonus credits and other promotional offers that the Company may offer. The Company reserves the right, in case of abusive behaviour on the Player‟s part as related to bonus credits and/or to promotional offers, in its sole discretion, to rescind or block Accounts created to that end, as well as their transactions.
- By playing on the Internet Site You are being granted a personal non-exclusive, non-transferable licence to use the Software, according to these T&Cs and including the clauses in this section.
- The Player shall not commit any act or adopt any kind of behaviour that could damage the Company‟s reputation, and the Player acknowledges that the use of the service and/or the Games and/or the Software is at his sole discretion and risk.
- The Company is committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence ("AI Software") on the Internet Site such as, but not limited to cheating software or anything else that we deem enabling the Player to have an unfair advantage over other Players. The Player acknowledges that the Company may take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a Player‟s computer) and the Player agrees not to use any AI Software and/or any such programs.
Random Number Generator
- The Player accepts and agrees that the RNG shall be the sole method through which the outcome of every Game shall be determined.
- The software used to power the RNG is certified by iTech Labs in accordance to the MGA requirements.
- In the event of any kind of Software interruption due to any type of problem, the Company reserves the exclusive right of requesting a screenshot.
Aborted and Miscarried Games
- If the hardware that is used by the Player to play the Game malfunctions or the internet connection is lost during the selection by the Player, the validity of the Bet shall be determined as follows:
- in cases where the Bet is recorded on the Company‟s system such Bet shall be accepted and the Player will be deemed as participating in the Game;
- in cases where the Bet is not recorded on the Company‟s system, then the Bet is considered not to have been placed and no monies shall be deducted from the Player's Account;
- The Player shall be able to confirm the placement or otherwise of the Bet once connection is regained or once the hardware re-functions.
- Should the Company be of the opinion or have knowledge or suspicion that there may be any activity occurring during the course of a game which is either against the rules of the game, or against these Terms &Conditions, or against any Law in force in Malta, the Company shall have the right to terminate such game and void all bets. It shall be in the discretion of the Company as to whether such voided Bets be returned to the Player, or not.
Warranties, Representations and Disclaimers
Warranties and Representations
- It is hereby being specified that the Company makes no representation, pledge or warranty (either explicit or implicit, including but not limited to warranties for accuracy, fitness of purposes or non-infringement) that the content of these T&Cs is accurate and/or suitable for any particular purpose other than in so far as those warranties which cannot be expressly excluded under the governing law of these T&Cs.
- Use of this Internet Site is entirely at the Player‟s risk. The Internet Site, its content and the system therein are provided on an „as is‟ basis with no warranties, assurances, engagements, or any declaration, explicit or implied, legal or other. The Company hereby excludes all terms, conditions, and warranties explicit or implied, including but not limited to implied warranties, commercial conditions, and or matters of satisfactory quality, ability and adaptability to a specific end, completion or precision of services and of the Internet Site in respect to the failure to respect governing rules and laws.
- The Company does not guarantee that the services or the Internet Site are authorized, and that the operation will fully satisfy the Player, that it is entirely secure and exempt from error, that it is updated regularly, that any software defect is regularly corrected, that it is uninterrupted, that the services or the Internet Site are virus or bug free, or that they are continually operational, that they are adequate, that the material is reliable, or that all other information obtained by way of the service or that all results are adequate and reliable.
- The Internet Site may contain links and references to third party websites/adverts/content. These are provided for the convenience and interest of the Player and on the part of the Company this implies neither responsibility for, nor approval of, information contained in these websites adverts/content. The Company gives no warranty, either express or implied, as to the accuracy, availability or content of information, text or graphics which are not under its domain. The Company has not tested any software located on other websites and does not make any representation as to the quality, safety, reliability or suitability of such software.
Loss or Damage
- The Company is in no way responsible for any loss or damage, direct or indirect, that the Player or a third party might have suffered as a result of the Player‟s use or the third party‟s use of the Internet Site, including but not limited to damages caused by a commercial loss, a loss of benefits, a loss on anticipated profit, interruption of business, loss of commercial information, or any other pecuniary and or consecutive loss.
- Without limitation to the generality of the preceding clause, no responsibility is being acknowledged or accepted hereunder for, inter alia, the following matters:
- mistake(s), misprint(s), misinterpretation(s), mishearing(s), misreading(s), mistranslation(s), spelling mistake(s), fault(s) in reading, transaction error(s), technical hazard(s), registration error(s), manifest error(s), Force(s) Majeure and/or any other similar mistake(s)/error(s);
- violation of the Company‟s rules;
- criminal actions;
- advice, in whichever form this is provided, provided by the Company;
- financial risk and loss, including, but not limited to variances in exchange rates; and/or
- legal actions and/or other remedies;
- loss or damage that You or a third party might have suffered as a result of Your use or their use of the Internet Site, its content or that of any link suggested by the Company;
- loss or damage that You or a third party might have suffered as a result of any modification, suspension or interruption of the Site;
- loss or damage, including but not limited to a loss of profit, as a result of improper functioning of the Internet Site, any delay, interruption, transmission, loss or corruption of data, improper functioning of the means of communication. In the event that the malfunction of the Internet Site results in profit, whether it be collected or credited to an Account, the Company reserves the right to claim all gains that You may have benefited from as a result of one of those malfunctions, and You would be obliged to immediately reimburse the Company the amount collected and to inform the Company of the malfunction. The Company reserves the right, at its sole discretion, of directly deducting from Your Account an amount equal to that which You may have received in error.
- criminal use of the Internet Site or of its content by any person, of a defect, or omission or of any other factor beyond our control;
- any use made of the Internet Site due to someone else accessing the private areas requiring login and password using a Player/ Client nickname, Login and Password;
- in case of discrepancies in the systems or in the means of communication, due to viruses or bugs as it relates to the account regulations or all other parameters that make up the Internet Site, any damage, costs, expenses, losses, or claims brought about by said discrepancies;
- any act or omission by an internet provider or of any other third party with whom You may have contracted in order to have access to the Company‟s service and or Internet Site. In case of litigation between the internet provider and Yourself, the Company cannot be a party to the suit, and such suit shall in no way affect the Player‟s obligations under this Agreement; and
- any claim arising as a result of damages incurred by a Player due to the content of any material posted by another Player on the Internet Site.
Internet Site Interruption
- The Company reserves the right to suspend the services and the operation of the Internet Site for any reason including failure of the Internet Site due to viruses or bugs or other malfunction, installation of updates to the Internet Site and maintenance. Provided that the Company is not responsible to provide an emergency network, system, or similar emergency services.
- Advertisements may be available on the Internet Site. Such advertisement may be advertising products of third parties. The Player acknowledges that should he contract with any third party advertising of the Site, such contract is not with the Company and the Company is not responsible for the delivery and / or quality of any goods and services provided by third parties or any loss or damage incurred by him as a result of his contract with same third parties. Any claim or dispute between him and an advertiser shall in no way involve the Company.
- Advertisers do not have access to the Player‟s personal information and any data that the Player may have provided to us upon registration.
- The Company is committed to endorsing responsible playing among its Players as well as promoting the awareness of problem gambling and improving prevention, intervention and treatment.
- The Company‟s Responsible Gambling Policy sets out its commitment to minimizing the negative effects of problem gambling and to promoting responsible gambling practices. https://www.wishmeluck.com/responsible-gaming-policy
Prohibition for Employees
- No employees, executives, managers, directors, consultants, or agents in our branches or affiliated companies, or any of its providers or sellers, can participate in any Games during their term of employment and/or engagement. The Company employees, or anyone else having access to inside information (for example: complete hand histories and similar information) are not allowed to use the services of the Internet Site. This is to prevent any potential abuse of inside information. To this end no officers, directors, employees, consultants or any other persons conducting business or engaged with the Company shall be allowed to open an Account with the Company during their term of engagement. Proof of such attempts shall result in steps being taken by the Company that shall have repercussions upon the contract existing between the employee or other officer and the Company.
- If clause 109 is breached, the Company reserves the right to close the said Account immediately and to cancel payment on any gain. This shall take place without any prejudice to the rights that the Company may have against the breaching person in terms of the employment or any other contract between the parties.
- The Internet Site is intended solely for personal and non-commercial use by Players. In any event, no one is authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise alter the content of our Internet Site.
- The display of any trademarks, including the Company‟s trademark within our Internet Site does not grant any user of the Internet Site a license of any kind to use it.
- Any unauthorised downloading or copying of any material contained in Our Internet Site as well as the design of the Internet Site itself may be considered as a violation of applicable intellectual property rights within the European Union.
- The Internet Site may only be used for lawful purposes. Use of the Internet Site for transmission, distribution, publication or storage of any material on or via the Internet Site which is in violation of any applicable law or regulation or any third party's rights is strictly prohibited. This includes (without limitation) the use of the Internet Site or the transmission, distribution, publication or storage of any material on or via the Internet Site in a matter or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law.
Limitation of Liability before a Court of Law
- In the event that the Company is found liable in any way, by a Court of Law and/or a similar authority, with legal competence and/or jurisdiction over the Company, then the Company‟s liability is limited to the amount of the Bet placed or the net winnings, relating to the particular Subscriber in that calendar year, whichever is the lesser. Alternatively, and secondarily, in cases when not Bets have been made when relevant and applicable, the amount transferred into or out of the Account in the last calendar month, whichever is the lesser.
Term and Termination
- This Agreement is effective immediately after clicking on « I agree » and remains valid until it is terminated in accordance with the conditions stated herein.
- The cancellation of this Agreement becomes effective only after the Player has received a notification in writing from the Company confirming the cancellation. From the moment when this Agreement becomes invalid, the Player will no longer be authorized to use the service and to play the Games.
- Immediately following the termination of this Agreement, by either party, the Company is bound to reimburse the integral amount indicated in the Account, only after the deduction of any amount owed to the Company, if any.
- The termination of this Agreement shall not be cause of prejudice to any other right or engagement of either party in regards to any violation stated herein or any other violation.
- All existing obligations between the parties to this Agreement will terminate, except if provided otherwise, under the reserved rights and obligations accepted prior to the termination, and except in relation to those Player‟s obligations that out of their nature survive the termination of this Agreement.
- From the moment this Agreement is terminated, the Player will no longer be authorised to use the service and the Software to play the Games. The Player is under obligation to destroy all documentation related to the service or Software in his possession, power and control.
- Players may address their complaints via email on firstname.lastname@example.org. The Company will do its utmost to resolve a reported complaint at the earliest. In order to optimize the quality of our services, Your calls to our customer services can be recorded.
- The Player is hereby acknowledging and accepting that any complaint or contest made by the Player more than 72 hours after the date of finalisation of the transaction which is the subject of the complaint in question will not be taken into consideration, and shall have no value.
- The Company will not consider any claims or disputes on Games to be valid unless the said Games are directly registered in the Company‟s database files or records.
- The Company is in no way responsible for the investigation or the initiation of a complaint made by a Player against another Player for any reason, including but not limited to, the conditions in this Agreement.
- The Company in its sole discretion can decide to act against any person suspected of illicit actions or of wanting to violate the conditions of this Agreement.
- Should the Player not be satisfied with the resolution of complaints by the Company, a further complaint may be addressed to the Malta Lotteries and Gaming Authority at email@example.com.
- Each time the Player enters into a gaming contract, the terms thereof will be recorded on the Internet Site. Once a gaming contract is entered into neither Player will be able to change any of its terms and each one of them agrees that such information as is recorded by the Company shall constitute the terms of each gaming contract.
- When a Player places or accepts a Bet on the Internet Site, the Player exhibits his willingness to enter into a gaming contract and irrevocably authorizes the Company to effect each such gaming contract.
Sharing of Information & Content
- The Player is aware that when posting or uploading any personal information onto the Internet Site, such content will become public and accessible by other Players. The Company does not endorse in anyway such content and shall not be responsible for any damages arising from the publicizing of such information. Players should be aware that information which they post on the Internet Site may also affect their life offline.
- By posting material and content on the Internet Site the Player grants to the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any content that he posts on or in connection with the Internet Site. This right/license of the Company shall remain valid after deletion of the content by the Player from the Internet Site and/or after closure of the Account.
Type of Relationship
- These T&Cs are not intended to create any partnership, agency or joint venture between the Company and the Player.
Breach of Agreement
- In accepting the terms of this Agreement, the Player is bound to integrally indemnify the Company, to defend the Company and to exonerate it, on demand of any complaint, responsibility, damage, loss, cost or expense, including, but not limited to, all legal or other fees that the Company shall bear as a result of breach of this Agreement, a violation of Company‟s laws, rules and or rights or of those of a third party, to any use of the service and/or Software with the Player‟s
Login and Password , whether it be with the Player‟s knowledge or without it, as well as any acceptance of profit on the Player‟s part.
- If the Player fails to adhere to any of the conditions of this Agreement or if the Company reasonably suspects that the Player is failing to comply with any of the conditions of this Agreement, the Company reserves the right, and all remedies at its disposition, and at its sole discretion, to block the Player‟s Account and will have the right of bring suit against the Player and at its sole discretion.
- Players are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident. The Company accepts no responsibility for any action taken by any authority against any Player.
Law & Forum
- These T&Cs shall be governed by and construed in accordance with the laws of the country of Malta without giving effect to conflicts of law principles. The parties submit to the exclusive jurisdiction of the country of Malta for the settlement of any disputes arising out of concerning these T&Cs. These T&Cs will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Any dispute arising from or in relation to these T&Cs shall be subject to the exclusive jurisdiction of the Courts of Malta.
- If any provision contained in these T&Cs shall be held by any Court of Law or other competent authority to be void or unenforceable in whole or in part, these T&Cs shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
- Headings are intended for clarity and to facilitate reading of these T&Cs. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind the Company in any manner whatsoever.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- Any waiver by the Company of any breach by any Player of any provision of these T&Cs shall not be considered as a waiver of any subsequent breach of the same or any other provision of these T&Cs.
- The Company can be contacted by sending an email to firstname.lastname@example.org.
This Agreement is considered signed and approved by
the Company and the Player